No matter how severe, personal injuries can cause major disruptions to your life. The negative effects of unexpected injuries can be wide-ranging and impact things like your physical, psychological and financial wellbeing. In Edmonton, people sustain injuries in all manner of accidents and in many cases, other people may be at fault for those personal injuries. Even if it is not immediately apparent to the injured victim in the aftermath of their accident, many traumatic events that cause injuries requiring hospitalization are the result of another party’s negligence. Various people and organizations can be considered negligent if they fail to uphold a duty of care they are legally required to provide to others.
For example, in accordance with the provincial Occupiers’ Liability Act, anyone who owns and/or oversees commercial or residential properties is required to take the safety of lawful visitors into consideration when maintaining their premises. If a property’s occupier knows that a hazard or maintenance-related defect on the premises poses a risk to the safety of others but fails to take any action to properly address it or warn guests about it, they might be considered negligent. If their negligence leads to a traumatic event in which one of their visitors is injured, the at-fault party might be responsible for providing the aggrieved guest with compensation for their damages.
Similarly, the people who operate motor vehicles throughout the province are required to abide by the rules legislated by Alberta’s Traffic Safety Act. That means all drivers owe a duty of reasonable care to other road-users, including other drivers, their passengers, motorcycle riders, pedestrians, cyclists, and others. Engaging in any kind of unlawful conduct behind the wheel is considered negligence. For example, if a driver exceeds the posted speed limit, operates their vehicle under the influence of alcohol and/or drugs, ignores traffic signs, drives distractedly, or violates any other rule of the road, their negligence could cause a collision in which another road-user sustains a range of injuries. If their wrongful actions lead to an injury-causing accident, the at-fault party should be responsible for providing injured parties with financial compensation.
In 2021 alone, the City of Edmonton saw over 1,600 accidents that resulted in injury or fatality. This statistic does not include fall injuries occurring on public and private property. If you have sustained a personal injury in Edmonton, you may be eligible for compensation for your injuries. For legal help, contact our Edmonton personal injury lawyers for a free initial consultation to see what options you may have if you have been seriously injured.
At Preszler Injury Lawyers, we have successfully represented Canadian families since 1959 with their personal injury claims. Our personal injury lawyers believe that no one should be forced to pay the price of someone else’s negligence. And yet, countless injured accident survivors in our community find themselves struggling to keep up with the rising costs associated with the injuries they have sustained.
We can seek compensation on your behalf in a wide range of cases. These include but are not limited to:
If you have been injured because of someone else’s negligence in Edmonton, call us today for a no-hassle, and initial free consultation.
The purpose of a personal injury case is to bring you back to the same position, had the accident not happened and this is a responsibility our personal injury lawyers do not take lightly. There are two main types of compensation in a personal injury claim. The first is pecuniary damages which are meant to compensate you for the money you have or will lose in the future because of an injury. The second is non-pecuniary damages, also referred to as general damages for pain and suffering.
Pecuniary damages can include the following types of losses:
The word pecuniary means something involving money. But an accident can take more than just money from you and your family.
Non-pecuniary damages, also referred to as general damages, are intended to compensate you for your pain and suffering, emotional distress, and how the accident has and will continue to impact the enjoyment of your life.
The key to the fair assessment of non-pecuniary damages is to assess your level of impairment or how your pre and post-accident life has changed. Here are some examples of things that may be considered:
A common litigation strategy used by the insurance defence is to argue your injuries have little or no impact on your life. But our lawyers will work alongside medical experts, vocational experts and other experts to help prove your case in the event you are truly injured and impacted. This is one of the reasons why it’s important to have an Edmonton personal injury lawyer on your side.
Liability means the legal assessment of fault. This is one of the starting points to assess the viability of a personal injury claim. If you are 100% at fault for an accident, you generally would not have a case. If you are found partly responsible for causing an accident your claim value can be reduced. For example, if you are found to be at-fault for 50% of an accident, your claim value could be reduced by 50%.
If you are involved in any type of accident, it is important to collect as much information from the scene. For motor vehicle accidents, this includes taking photographs, collecting information such as the names, contact details, and insurance information from other drivers. It is also important to note the names and contact information of any potential witnesses. For other accidents, such as slip or trip and falls, it is important to take pictures of the hazard.
In car accident cases, even if the other driver is charged by the police, it does not mean there is an automatic finding of fault in a civil lawsuit. A personal injury lawyer can help with investigating and proving liability. It starts with collecting evidence such as witness statements, videos, pictures, and police records. In many cases, it is important to bring the at-fault party to a questioning for discovery after the lawsuit has been filed with the court. This is a process where your lawyer asks the opposing party or parties questions about how the accident happened and their answers become evidence in the case. If necessary, our Edmonton lawyers can also help with retaining a forensic engineer who can provide expert opinion on what is likely to cause an accident. Building a strong case on liability can motivate defendants in a lawsuit to try and settle your case outside of court.
Liability is not always straightforward. This among other reasons is why it is recommended that you speak with a personal injury lawyer as soon as possible. At Preszler Injury Lawyers, we have in-house investigators who can immediately assist with collecting crucial and often time-sensitive evidence. Call us today for your complimentary consultation.
The step after assessing liability or fault is the assessment of damages. This means considering what pecuniary damages (see above) apply in your case and how to value your pain and suffering. The evidence required to assess the value of your case may include:
Accidents do not only happen to people with a clean bill of health. If your injuries overlap with a previous injury or medical illness, it doesn’t mean you don’t have a case. We often retain specialized medical experts who can conduct a physical examination, take an oral history, and review your medical records before providing a report on what injuries specifically were caused by an accident, what treatment you might require, and what your diagnosis and prognosis for recovery will likely be. Prognosis, meaning the forecast of your injuries, is important to know since you only get to settle once – this is about your entire life, not just the time that has passed since the accident.
After collecting this evidence, looking at previous court cases involving similar injuries and impairments provides a guide to assessing what a fair assessment of your pain and suffering might be. Pecuniary damages such as past and future income loss are fact specific. In cases where an income loss calculation is not simple, such as for business owners, it is common to retain a forensic accountant or economist to provide projections of what you or your business could have earned had the accident not happened.
At Preszler Injury Lawyers, we have been representing Canadian families for over 60 years in their pursuit of fairness and justice after life-altering injuries. We do our best to reduce the financial barriers to accessing our legal services. Our personal injury lawyers provide a free initial consultation to all prospective clients. What’s more: our personal injury lawyers work on a contingency-fee basis, which means our clients don’t pay anything unless we win.
If you were injured because of someone else’s negligence, our Edmonton personal injury lawyers are available to provide you with a free consultation. To receive a free case assessment and to learn whether you might be able to seek compensation for your injuries, call us today.
Since 1959, Preszler Injury Lawyers has been helping Canadians pursue meaningful compensation from insurance providers.
To speak with a member of our legal team today, book a free consultation. Our phone lines are open 24/7 and the best part is, you don't pay anything unless you decide to hire us and we successfully recover compensation for you. Yes that's right - you don't pay unless we win!