Frequently Asked Questions: Personal Injury

Personal Injury

Frequently Asked Questions

A serious injury can affect your health, your ability to work, your family and your future. If an injury was caused by someone else’s actions or negligence, you may have questions about your rights and whether compensation is available. These frequently asked questions cover important aspects of personal injury claims in Alberta, including legal deadlines, evidence, treatment, contributory negligence, damages and what to expect when pursuing a claim with Weir Bowen.

How do I know if I have a personal injury claim?

If you have been injured because of someone else’s actions or negligence, you may have a personal injury claim. Personal injury claims can arise from motor vehicle accidents, slips and falls, unsafe property conditions and many other circumstances.

Every situation is different. Whether you have a claim will depend on what happened, who may have been responsible, the nature of your injuries and the losses you have experienced. You do not need to have all of those answers before speaking with a lawyer. Part of our job is helping you understand whether there may be a claim and what your options are.

How long do I have to start a personal injury claim?

Deadlines are extremely important in personal injury cases. In Alberta, the general rule is that a person has two years from when they knew, or ought to have known, that another person caused their injury to file a claim with the court.

That does not mean your case has to be settled within two years. It means the necessary court claim generally must be filed before the applicable limitation period expires.

There are exceptions, and determining when a limitation period begins can sometimes be complicated. If you think you may have a claim, it is better to speak with a lawyer early rather than risk missing an important deadline.

What should I do after I’ve been injured?

Your health comes first. Seek appropriate medical attention and follow the recommendations of your healthcare providers.

It can also be helpful to preserve information about what happened. Depending on the circumstances, that might include photographs, video, witness information, medical information or details about where and when the injury occurred.

Evidence can disappear surprisingly quickly. Security video may be erased, hazards may be repaired and witnesses’ memories can fade. You do not need to gather everything yourself before calling us. Contacting a lawyer early can help identify what information should be preserved.

What if I was partly responsible for what happened?

Being partly responsible does not necessarily prevent you from making a personal injury claim.

This is sometimes referred to as “contributory negligence.” For example, someone injured in a motor vehicle accident may not have been responsible for causing the collision, but their injuries may have been made worse because they were not wearing a seatbelt.

If an injured person is found to have contributed to their injuries, the compensation they receive may be reduced to reflect their share of responsibility. These situations are very fact-specific, so you should not assume you do not have a claim simply because you think you may have been partly at fault.

Can my claim be affected if I don’t get treatment or follow medical advice?

It can. An injured person is generally expected to make reasonable efforts to reduce the impact of their injuries. Lawyers refer to this as the duty to “mitigate” damages.

That can include seeking appropriate treatment, following reasonable medical recommendations or, in some circumstances, exploring reasonable options for returning to work or retraining.

The key word is reasonable. The law does not expect an injured person to do everything imaginable regardless of cost, risk or their individual circumstances. What is reasonable will depend on the particular person and their situation.

If you are having difficulty accessing treatment or are unsure how decisions about treatment or work could affect your claim, speak with your lawyer.

What if I was injured in a slip and fall or on someone else’s property?

Property owners and occupiers generally have responsibilities to take reasonable care to keep visitors safe. A personal injury claim may arise when someone is injured because of an unsafe condition on private or commercial property.

These cases can depend heavily on evidence. If possible, take photographs of the area where you were injured, keep the footwear you were wearing, and obtain the names and contact information of any witnesses.

It is particularly important to seek legal advice quickly if the injury occurred on municipal or public property. Different notice requirements may apply, including potentially very short deadlines.

How can I afford a lawyer for a personal injury claim?

We understand that someone dealing with a serious injury may also be unable to work, facing treatment costs and worrying about finances.

Where we determine that a personal injury claim is appropriate, we will generally work under a contingency fee agreement. This means our legal fee is based on a percentage of the amount ultimately recovered for our client rather than requiring the client to pay legal fees on an hourly basis as the case proceeds.

If you are unsure whether you have a claim, you do not need to figure it out on your own. Every case is different. When in doubt, our advice is simple: err on the side of calling.

A note about this information: These FAQ's provide general information only and are not legal advice. Every situation is different, and the law may apply differently depending on the circumstances. Legal deadlines apply, so you should not rely on this information to determine a limitation period or other deadline. If you have questions about your particular situation, we encourage you to reach out to us.