It is the legal term for any damage inflicted to the body, whether its physical or emotional, by accident or with sinister intent. It is also far from but not exactly the opposite of the suit for damage to property. A personal injury lawyer on the other hand is an individual who fights a suit referring to the effect of wrongful or negligent conduct done by one individual to another; including something that has caused bodily harm and negligent or intentional infliction of emotional distress.
“It was just an accident” is a common line that people often use after an unforeseen mishap. Humans have been using this phrase time and time again, giving the impression that accidents cannot be prevented when they occur. In fact, most accidents are the effects of negligence; one missed detail can pose a life threatening situation and give an unwanted and unprecedented permanent injury to someone. It does not matter where accidents happen, from roads to construction sites, vacation getaways and even the comfort of our very own home.
About 80% of recorded personal injuries are caused by impaired driving, where the driver under the influence causes accident and damage to property, traffic, pedestrians and innocent bystanders. All of the people involved in the incident may file a personal injury complaint and hire an attorney. If they can’t afford one then the lawyer may be provided by the local government. In some unique cases, a lawyer handling a personal injury case may need to prove that the driver was indeed not sober during the accident to an Albertan court house. Each year, Calgary AB scores multiple deaths from reckless driving alone. For cases like this, it wouldn’t be easy to prove that such accidents are easy to prevent. Although, we can say that most driving accidents can be prevented if you take extra personal precaution, that does not mean that the other party thinks the same thing.
Aside from impaired driving, an injury lawyer can represent people in other simpler cases like slip and fall, defective products, medical malpractice, canine attacks, assault and unhealthy working environment acquired sickness. Usually, if someone bought and used a malfunctioning product that caused harm and a known manufacturer is involved, it would be wise to expect that they will do whatever it takes to defend their name against the lawsuit. Large companies have plenty of resources and teams of legal aids that they use as weapons to fight off personal damage claims against them. It could mean bad publicity and reviews to them if they lose against one lawsuit since this is going to cause negative effects on their business. To find an attorney knowledgeable enough to purse these types of claims would be difficult.
Although the most commonly known personal damage claims happen on the road for situations like traffic accidents, assault claims, product liability (product defect claims) and holiday accidents; it does not limit one faction from filing claims for working environment mishaps that might have led to health related damages like bronchitis, emphysema, asthma, COPD, Tuberculosis, occupational stress and other health issues that one may acquire from an unhealthy work environment.
The person who takes claim for pecuniary damage from torturous conduct is known as the complainant or the Plaintiff, while the person who is liable for the act or injury, by accident or with sound intent is known as the defendant. The plaintiff – defendant scenario is usually settled by terms of payment which depends on the lump sum of damages acquired over a period of time. Settlement may also depend on the agreement that both factions decided upon, their respective insurance companies (if any) will then provide the necessary legal actions to defend their clients. Although mental injury, unlike physical injury, is less covered by most insurance policies, a minority of courts already include the application of emotional and mental distress within the definition of injury.
Under the limitation rules that most regions practice, the plaintiff can submit a claim within a period of three years after the date of the incident. The right to sue will then be forfeited if the plaintiff fails to submit the claim within the set period. On the other hand, claimants under the age of 18 will have to seek legal counsel from an attorney specializing in personal injury to help them file the suit before they reach the age of 21. However, court houses do have the discretion to waive and extend these time periods if it’s considerable to do so. An example for this exemption is when the plaintiff had an accident and loss of eyesight (industrial blindness); the three year period may then start at the time when the claimant ought to have known that that he or she can apply for a claim.
Each region has a different statute of limitations, this is the law which sets the time frame where one can file for a claim. Different types of assault and damages have a different statutes of limitations. – For a quick example: a victim with a rape claim. She usually has a longer statute of limitation than the regular plaintiff of an assault claim.
An attorney is a professional who takes care of cases concerning personal mishaps and other claims concerning physical and psychological stress that may be the result of another party’s wrongdoing. Attorneys who handle personal negligence cases are seasoned into the practice of an area of the law that we call the Tort Law. The Tort Law stresses focus on the obligations as well as the remedies applicable by courts in lawsuits to aid people who fall victims to harm from the negligence of others.
How does an injury lawyer help someone with a claim? When a terrible turn of events happen, people get injured and property may be damaged. It may be easy to replace property if it is damaged or lost entirely; but then, physical and emotional damages are almost irreversible. The task of an injury attorney is to ensure the complaining party is compensated in full. The lawyer working for the personal injury claim will work to have the negligent party pay for rehabilitation, medical bills and compensation. As to compensation, the lawyer working on a plaintiff’s claim should also be able to ensure that the defendant compensates the claimant’s lost wages while on treatment from the injuries suffered as well as physical and emotional damages caused.
If the accident in question resulted in death, the lawyer in charge of the case will have to determine a number of items. In the case that the deceased has (a) dependent(s), the attending lawyer should be a able to negotiate a settlement as soon as possible and convince the court to let the defendant provide the deceased dependents’ needs up to the time they are no longer dependent. The most common figure of compensation to settle this this matter is with a lump sum payment to the dependents, in some cases the defendant may spread out their payment over a number of years depending on the arrangement they had on court or with the family. The defending party, if capable can also be compelled to bear the costs for the funeral and pay for the mental and emotional anguish for those left behind by the deceased.
It’s not impossible to find a law firm in Alberta but the question is if they have the best lawyers capable enough to fight for you in court. You can find many law firms and attorneys in Calgary, and most of them work with doctors and paramedics to help them get pinpoint accurate evidence on injury claims. Evidence it therefore a very important accessory that a faction can present to the judge during a lawsuit hearing. However, even if you have evidence, if your attorney cannot make use of it to your advantage, your efforts are waste. In the end, it’s not about what you can show in court, it’s about what you can prove.
Our law firm houses many of the best lawyers in Calgary AB. Together, with our affiliated medical professionals, we work hard to give justice to plaintiffs of personal injury, emotional distress and more. Our team attends to every detail on the scene and make sure that all possible aspects are attended to. Our attorneys work in the most ethical of means and make use of all of the evidence they find widely.
We have all of the attorneys you need:
- Medical Malpractice
- Excessive Force
- Nursing Home Abuse
- Product Liability
- Burn Injury
- Head and Neck Injury
- Pedestrian and Bicycle Accident
- Head-On Collision
- Rear End Collision
- SUV Rollover
- Side Impact Collision
- Truck Accident
- Car Accident Lawyers
- Snowmobile and ATV Accident
- Boating Accident
- Connective Tissue Injury
- Long Term Disability
- Spinal Cord Injury
- Orthopedic Injury
- ‘Wrongful Death
- Slip and Fall
- Biking Injury Lawyers
Aside from our powerful team of legal aids, we also have affiliates in the medical field to get the best lab results needed to pursue a claim.
We partner with the most respected health professionals in Alberta to ensure that the appropriate testing and after care are observed. Our affiliated professionals keep a very close eye on every detail.
Aside from the best professionals in the fields of law and medicine, our law firm also works with various insurance companies that help us figure out the best ways to file a claim and get the necessary insurance our clients need to support them during and after an unprecedented incident.
Our legal team ensures that no conglomerates have onset power over our clients, as long as we can prove that they are on the right track. Detail per detail, that’s how our clients from all over Calgary see us. Detail and providing evidence is in our utmost importance for proving the authenticity of our clients’ claims. We don’t win because our team is capable of doing so; instead, we win because we believe in justice and every man, not just for the plaintiff, deserves it.
Calgary Alberta is a very lovely place to live in and visit, located at the transition zones between the Canadian Rockies Foothills and the Canadian Prairies, the region is gifted with all the view and resources its settlers need. We are proud to be a part of Calgary and we will do our part to keep order running. This is where we have built our reputation and this is where we invest our efforts. Our team will ensure that every rightful plaintiff will get the justice he deserves in the most legal way. – In accordance to the law of Alberta.
If you get into a situation that you think could be classified as a personal injury claim, contact a legal adviser right away; don’t wait for your statute of limitations to run out. In the end it is you who will get the consequences of letting a claim pass.
Our law firm is filled with dedicated lawyers and legal counselors that defend the innocent. We only operate on a strict contingency-fee basis. We know that having a smart, reputable and knowledgeable accident lawyer to guide you through the assessment of your injuries will bring stability and ease to your case. Got legal claims? We urge you to Contact us to set up a no-fee interview and get legal advice.