Injury Law FAQ

Accidents can happen at any time and any place. From car accidents to slipping and falling onto ice to buying a defective product, you are entitled to compensation as a result of a personal injury. Here are answers to some Frequently Asked Questions regarding injury law in Edmonton.

What should I do in the event of an accident?
If you should find yourself involved in a car accident, the first thing you should do is check to see if everyone is okay. After determining that everyone involved is in alright, it is best to get the other driver’s information. The most important thing you will need to obtain is their insurance information. If the driver who caused the accident does not have any insurance, you should still take down as much of their information as you can. However, filing a personal injury claim against an uninsured driver will be quite difficult. Even if the at-fault driver does not have insurance, you will still be entitled to compensation from the Albertan government, although the sum will be lower.

Should you be injured at work from an accident, you will be protected by the Worker’s Compensation Board. You may also file an injury suit if part of your job requires you to drive and you were involved in a car accident.

What are the steps you should take if you are injured?
The most important thing to do if you are injured in any way is to get medical attention immediately. A doctor can perform a diagnostic check the severity of your injuries which will add evidence to your personal injury case. If you can, take photos of the injury so you can have proof later on for documentation that can be used as evidence. Also, try to collect eyewitness testimonies and a testimony from your doctor that describes your injuries, as this will only make your case stronger. After the doctor completes their examination, you should then find a personal injury lawyer. Personal injury lawyers work hard to get you the most compensation that you deserve.

When should I seek legal representation?
The best time to seek legal representation is after your doctor assesses your condition. This is because you will know how serious your injuries were and how those injuries will affect your life after the accident. Also, the severity of the injury is usually a determining factor in how much compensation you will receive.

How do I make an injury claim?
If you wish to make a personal injury claim within the province of Alberta, you will only have 21 days from the day the accident occurred. However, if you need more time and have a legitimate excuse, you may write a letter to the city of Edmonton asking for an extension.

Where can I find a personal injury lawyer?
A qualified personal injury lawyer will do the best they can to get you all that you deserve, whether it is in compensation or legal help. You are in the right place to find a personal injury lawyer that best fits your needs here in Edmonton.

Can I file a personal injury claim if I slip and fall on an icy sidewalk?
In order to file a personal injury claim from a fall on an icy sidewalk you will need to fill out the City of Edmonton’s Statement of Damage or Injury Claim Form. From there you will need to describe why you think the City of Edmonton is the responsible party for your injury. You will also need to somehow prove that you were injured as a result of their negligence. That is, prove that the sidewalks were not de-iced and that routine maintenance was not upheld. If the care of the sidewalk deviated in any way from the normal routine then you would have a case. In Edmonton, snowy sidewalks are often taken care of and are well maintained but sometimes certain sidewalks can be skipped in order to save the city money.

However it will be up to the courts to decide the degree of the city’s negligence. If the city was unaware of the non-maintained sidewalk, then the case is likely to be thrown out. Since this will be a hard case to prove, you will need to show that other people had complaints about the same sidewalk too. Your best bet is to hire a personal injury lawyer so they can help gather evidence and win your case.

Can I file a personal injury claim against a business?
You can file a claim if you were injured while on a city bus, but that needs to be sent to the Alberta Treasury Board and Finance. You will also need to send in the transit file number within 10 business days of the accident. The city will send you a response within 2 weeks of submitting the paperwork. From there it will take approximately 6 to 8 weeks to fully process your claim.

Under the Alberta Occupiers Liability Act, land owners or owners of buildings must make sure that their property is safe to anyone who visits. They have a responsibility to make sure everyone is safe while on their property. If they are negligent and an accident occurs, you can file a personal injury claim.

It is a good idea to get in touch with a personal injury lawyer as soon as you can so that your case will have a higher success rate. Do not wait more than 24 hours to file a personal injury claim, as this will appear that you are not that seriously injured or that your injuries occurred after the accident rather than as a result of the accident.

It can also take a while for the case to settle and the city to process your claim, especially if there were not any witnesses to give their testimony. A personal injury lawyer will be able to get you the best compensation you deserve in order to help you heal emotionally, physically and financially.