Personal Injury Law 101 by Tiffen Law Office

Injuries often occur from various causes. While some injuries are accidental, those that are caused by a person’s negligence may fall under the umbrella of personal injury law. 

What Does Personal Injury Mean in Law?

Concerning legislation, the term “personal injury” refers to an injurious state inflicted upon a person’s body or psychological health. This type of law is separate from damages or injury to personal property.

The law is designed to protect those who have been injured due to someone else’s action or inaction and help with compensation as part of a settlement. In situations where a person has experienced wrongdoing by another, a personal injury claim may be warranted.

What is a Personal Injury Claim?

When your health and well-being have been inflicted at someone else’s fault, you may want to file a lawsuit. There are various situations where such a claim may be applicable.

For instance, a personal injury claim may be related to a motor vehicle accident, a slip and fall on someone’s property when the owner did not sand or salt ice, or an employer failing to address repeat complaints of sexual harassment on the job. 

There are also cases that involve medical negligence like when a diagnosis involves a treatment, but it is overlooked due to costs or inconvenience. Bites from pets also fall under cause for a personal injury lawyer to be involved.

Alberta law takes each situation into account individually. This means the courts will consider the context of your situation, the extent of your injuries, how your life has been changed by your injuries, and expenses you have incurred. 

Whether reasonable actions were taken by the defending party will also be considered when deciding the claim.

Personal injury claims can take quite some time to be resolved. In some cases, this is because the extent of your injuries may not be fully appreciated for a while. 

In Alberta, it is common that the plaintiff (or the legal representative) will be dealing with the other person’s insurance company which could be another cause for delays.

A complex accident will result in a more complicated and lengthier claims process. A personal injury lawyer can help you understand more about the process.

What Does a Personal Injury Lawyer Do?

A personal injury lawyer provides legal representation to a person who has been injured. There are varying personal injury cases, and lawyers with specialties for each. It is important to work with an experienced lawyer who:

• understands the law surrounding your claim,
• who knows how to gather relevant evidence,
• who understands compensation for personal injuries and,
• can negotiate with the insurance companies involved.

In some situations, the claim may be settled outside of court, while in other cases, it may proceed to trial. Having a personal injury lawyer on your side can help you effectively navigate these processes and ensure that your rights are respected.

Is Personal Injury the Same as Negligence?

Most personal injury claims are filed due to another person’s negligence or wrongful actions. However, the terms personal injury and negligence do not mean the same thing.

While negligence forms the basis of many personal injury claims, negligence is more about someone having knowledge of risk and taking action to prevent it.

Personal injury can be considered more accidental but still possibly preventable somehow. Frequently, the personal injury lawyer of the injured plaintiff (you) will attempt to prove that the other person (defendant) acted in a negligent manner that resulted in injury.

Don’t Be Negligent When It Comes to Your Protection

If you’re dealing with a personal injury or looking for a legal professional to help you with your case, please call (780) 229-3533 or contact us online. We are here to help.