From the first free consultation, through filing your claim, gathering evidence, settlement negotiations, and (only if necessary) trial, we will guide you every step of the way.
1
Free Consultation
Schedule a free consultation with us. We’ll listen to your story, tell you whether you have a case and outline your options.
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2
Choose Your Lawyer
Once you know you have a case, you can retain one of our personal injury lawyers to begin the claims process on your behalf. From here on out you can focus on your recovery and we’ll do the rest. If we take your case, you don’t pay any legal fees or expenses until we successfully resolve your claim.
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3
Medical Assessments
We will arrange for you to be assessed by all necessary medical experts to ensure that your injuries are properly assessed and to help determine what short and longer term compensation is appropriate. Your insurer may also require that you attend an Independent Medical Examination (IME) before your case is completed. This is normal practice and we will explain the process to you.
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4
Statement of Claim
Your Lawyer will file a Statement of Claim on your behalf within 2 years after your accident. This is a legal notice to the party at fault that you are taking legal action against him or her.
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5
Settlement Negotiations
Settlement Negotiations are discussions between your lawyer and the lawyer for the insurer of the person responsible for your accident. This usually starts with a written proposal by your lawyer, but it can also take the form of a settlement meeting. Either way, the intent is to address your expected damages and compensation claim.
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6
Questioning for Discovery
This is a process where both the plaintiff (you) and the defendant (the party at fault) disclose all the evidence about the accident to each other to help clarify the facts of the case. This takes place in a boardroom at your lawyer’s office in the presence of a Court Reporter. You will be asked questions under oath by the defendant’s lawyer, and your lawyer will also have the opportunity to ask the defendant questions under oath.
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7
Alternative Dispute Resolution
(JDRs and Mediation)
If your lawyer and the lawyer for the defendant insurance company are unable to negotiate a settlement, steps are taken to involve an independent third party to assist the parties in trying to reach a settlement. In a Judicial Dispute Resolution (JDR) an actual Judge is involved and in a Mediation, a senior lawyer who is also an experienced Mediator is involved. If an appropriate settlement can be reached, then you sign a document accepting the terms and agreeing that you have no further claims.
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8
Trial
In most personal injury cases in Alberta, the parties can reach a fair settlement without the need to go to court. In rare instances, your lawyer may advise that you have a better chance of receiving adequate compensation if you take your claim to court. In these cases, your lawyer will take your claim to court and argue on your behalf. Trial dates are set by a Trial Coordinator, and no trial dates can be set until the parties can show they have made a good faith attempt to settle the claim.
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9
Appeals
In cases where one or both of the parties feel that the Trial Judge has made an error of law or fact in his or her judgment, the decision of the Trial Judge can be appealed to the Court of Appeal and possibly to the Supreme Court of Canada. This is very rare, but if it does happen your lawyer will be able to guide you through the appeal process.
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Questions about your claim? Need answers or representation?