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5 Common Challenges in Personal Injury Cases – And How to Overcome Them

Pursuing a personal injury claim is not always smooth sailing. From strict deadlines to tough
negotiations - obstacles can arise that may impact your ability to secure fair compensation. Here
are five common challenges in personal injury litigation and tips on how to tackle them.

1. Meeting the Limitation Period
The challenge: Every personal injury case is subject to a limitation period—a strict deadline to file a
lawsuit. In Alberta, the standard period is two years from the date you knew (or should have known)
about your injury in most cases. If you miss this deadline, you may lose your right to compensation.

How to overcome it: Act quickly. If you’ve been injured, consult a personal injury lawyer as soon as
possible to ensure your claim is filed on time.

2. Proving Liability
The challenge: To win a case, you must prove that the other party was at fault for your injuries. This
requires establishing that they owed you a duty of care, breached it, and caused your injury.

How to overcome it: Gather evidence early. Take photos, collect witness statements, and obtain
medical records. Your lawyer can help build a strong case using expert testimony if needed.

3. Dealing with Insurance Companies
The challenge: Insurance companies aim to minimize payouts. They may offer a low settlement,
delay processing, or argue that your injuries aren’t as severe as claimed.

How to overcome it: Never accept an initial settlement without legal advice. A lawyer can negotiate
on your behalf to ensure you receive fair compensation.

4. The Length of the Legal Process
The challenge: Personal injury cases can take months or even years to resolve, depending on the
complexity of the case and negotiations.

How to overcome it: Be patient and prepared. Your lawyer will keep you informed of progress and
explore settlement options where possible to expedite the process.

5. Understanding Compensation Amounts
The challenge: Many people assume they will receive a large payout, but compensation depends on
factors like medical costs, lost income, and pain and suffering. Non-pecuniary damages (pain and
suffering) in Canada are capped, currently around $450,000 for the most severe cases.

How to overcome it: Manage expectations by discussing possible compensation ranges with your
lawyer, who can provide insights based on similar past cases.

Final Thoughts

Navigating personal injury litigation can be challenging, but with the right legal guidance, you can
overcome these hurdles and secure the compensation you deserve.

Take control of your case today—call Weir Bowen LLP at 780-424-2030 or schedule a consultation with our experienced legal team.

Posted on March 25, 2025

The contents of this post are for general information only, and should not be construed as legal advice.
INDIGENOUS LAND ACKNOWLEDGEMENT

The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).

Weir Bowen acknowledges the many First Nations, Métis and Inuit who have lived in and cared for these lands for generations. We are grateful for the traditional Knowledge Keepers and Elders who are still with us today and those who have gone before us. We make this acknowledgement as an act of reconciliation and gratitude to those whose territory we reside on or are visiting.