Motor vehicle accidents and slip and falls typically occur when drivers and property owners behave carelessly and negligently. If you sustained injuries due to someone else’s negligence, you may be eligible to file a personal injury claim with the at-fault party’s insurance company for compensation. However, if the insurance company denies the claim or simply refuses to compensate you fairly, you may need to pursue litigation in the court system.
As part of personal injury litigation, you will take part in a process known as discovery. During discovery, you will likely sit for a deposition, during which time the at-fault party’s lawyer can ask you questions about the accident and your injuries. Following a deposition, settlement negotiations may continue, and the case may ultimately be resolved. However, at other times, you may need to take your case to trial for a favourable resolution.
A skilled Alberta personal injury lawyer can guide you throughout the process, answer your questions, and advise you to make important decisions throughout your case.
How Do Personal Injury Claims Arise?
Negligence causes many slip and fall accidents and motor vehicle collisions. When someone fails to act responsibly or carelessly ignores safety rules, their negligence can cause serious harm to others.
In a slip and fall accident, negligence often occurs when a property owner or manager does not maintain safe conditions. For example, if a store owner knows that a floor is wet and slippery but fails to put up a warning sign or clean it up, they are being negligent. If someone slips and falls because of that wet floor, the store owner can be responsible for any injuries. Similarly, if a landlord neglects to fix a broken stair or railing, and a tenant or visitor suffers an injury, that landlord may be found negligent.
Negligence is also a major cause of motor vehicle collisions. Drivers have a responsibility to follow all traffic laws and drive safely. When they don’t, they put everyone on the road at risk. For instance, a driver texting while driving is not paying attention to the road, which is a form of negligence. If they cause an accident because of their distraction, they are likely at fault. Speeding, running red lights, or driving under the influence of drugs or alcohol are other examples of negligent behaviour that often leads to collisions. In these cases, the negligent driver can be held responsible for the damages and injuries resulting from their reckless actions.
In both slip and fall accidents and motor vehicle collisions, proving negligence is crucial for the injured party to receive compensation. To prove negligence, the injured person must show that the responsible party had a duty to act safely, failed to do so, and caused the accident. If these elements are established, the negligent party may be required to pay for the injured person’s lost earnings, pain and suffering, and other related losses.
Types of Injuries in Motor Vehicle Crashes and Slip and Fall Accidents
Victims of motor vehicle collisions and slip and fall accidents often suffer a wide range of injuries, many of which can have lasting physical, emotional, and financial effects. These injuries frequently result from the negligence of another party, such as a reckless driver or a property owner who fails to maintain safe premises.
In motor vehicle crashes, injuries can vary greatly depending on the nature and severity of the collision. Some of the most common injuries include whiplash, fractures, and traumatic brain injuries (TBIs). Whiplash occurs when the neck is forcefully jolted back and forth, leading to muscle strain and ligament damage. Fractures, including broken bones in the arms, legs, ribs, or pelvis, are also prevalent in car accidents – particularly in high-speed collisions. TBIs are among the most severe, often occurring when a victim’s head strikes the steering wheel, dashboard, or window. TBIs can lead to long-term cognitive issues, memory loss, and emotional instability, requiring extensive medical treatment and rehabilitation.
Spinal cord injuries are another serious consequence of motor vehicle accidents, potentially leading to partial or complete paralysis. Even less severe spinal injuries, such as herniated discs, can cause chronic pain and limit a person’s mobility. Internal injuries, including damage to organs like the lungs, liver, or spleen, may not be immediately apparent but can be life-threatening if not promptly diagnosed and treated.
Slip and fall accidents, though seemingly less dramatic than car crashes, can also result in significant injuries. Victims frequently sustain fractures, particularly of the hip, wrist, or ankle, due to the impact of falling. Older adults are especially vulnerable to hip fractures, which can lead to complications such as reduced mobility and increased dependence on others.
Head injuries, ranging from concussions to more severe TBIs, are common in slip and fall accidents – especially if the victim strikes their head on a hard surface. Soft tissue injuries, including sprains, strains, and contusions, are also prevalent and can cause significant pain and discomfort.
Regardless of the type of accident, injuries resulting from someone else’s negligence often require substantial medical care and rehabilitation and may lead to long-term disability or chronic pain. The consequences of these injuries extend beyond the physical, often affecting the victim’s emotional well-being and financial stability.
What are the Steps of a Personal Injury Lawsuit Leading up to a Deposition?
A personal injury lawsuit involving a motor vehicle collision or slip and fall typically follows a series of steps before reaching the deposition stage. These steps are crucial in building a strong case and ensuring the injured party has the best chance of recovering compensation for their losses.
- The process usually begins with a thorough investigation of the incident. This involves gathering evidence such as photographs, witness statements, police reports, and medical records. In motor vehicle collisions, the vehicle damage and any available surveillance footage are also important evidence. For slip and fall cases, evidence may include maintenance logs and accident reports. This stage is essential for establishing the facts and identifying who is at fault.
- Once the investigation is complete, the injured party’s lawyer typically sends a demand letter to the at-fault party or their insurance company. This letter outlines the victim’s injuries, the circumstances of the accident, and the compensation they seek. The demand often includes claims for lost income, pain and suffering, loss of earning capacity, and other related damages. The case may settle without further legal action if the insurance company agrees to the demand. However, if the insurance company disputes the claim or offers an inadequate settlement, the injured party’s lawyer may file a lawsuit.
- Filing a lawsuit involves drafting and submitting a formal complaint to the court, which outlines the plaintiff’s allegations and the legal basis for the claim. The defendant then has the opportunity to respond – typically by filing an answer that denies liability or raises defences. This stage marks the official beginning of the litigation process.
- Following the lawsuit filing, both parties engage in the discovery phase. During discovery, each side requests information and documents from the other to build their case. This phase may include written questions (interrogatories), requests for documents, and requests for admissions. The discovery phase is vital for uncovering key evidence that can be used in court.
- Depositions are often conducted as part of discovery. A deposition is a formal, sworn testimony given by witnesses and parties involved in the case. It allows lawyers to question witnesses under oath, gather additional evidence, and assess how witnesses may testify during the trial. This stage is critical in preparing for settlement negotiations or a potential trial.
What Happens After a Deposition in a Personal Injury Lawsuit?
After a deposition in a personal injury lawsuit, several critical steps follow as the case moves closer to resolution, whether through settlement or trial. The deposition is a key part of the discovery process, where both parties gather and clarify evidence through sworn testimony. What happens next is pivotal in determining the outcome of the case.
- Once depositions are complete, lawyers from both sides will carefully review the transcripts. They will analyze the testimonies given to identify strengths and weaknesses in each party’s case. This analysis helps lawyers better understand the evidence that may be presented at trial and how witnesses may perform under cross-examination. If inconsistencies or damaging admissions are in the testimony, they can be used strategically in negotiations or at trial.
- After reviewing deposition transcripts, the parties may engage in further settlement negotiations. Sometimes, depositions reveal new information, prompting one side to reconsider its position. For example, if a witness’s testimony strongly supports the accident victim’s claims, the at-fault party’s insurance company may become more inclined to settle the case to avoid the risks of a trial. Both parties may enter into settlement discussions to reach a mutually acceptable resolution without going to court.
- If settlement negotiations are unsuccessful, the case will likely proceed to trial. Before trial, both parties will continue preparing their arguments and gathering any additional evidence or expert testimony that may be necessary. Either side may also file pre-trial motions. These motions can request that certain evidence be excluded or the case be dismissed altogether if, for example, the evidence is deemed insufficient to support the claims.
- During this time, the court may also hold a pre-trial conference, where the judge meets with both parties to discuss the status of the case, any remaining issues, and the possibility of settlement. The judge may encourage the parties to settle or offer alternative dispute resolution (ADR) methods, such as mediation or arbitration, to avoid the time and expense of a full trial.
- If the case does not settle, it will eventually go to trial, where both sides will present their evidence and arguments before a judge or jury. The trial outcome will ultimately decide whether the accident victim is entitled to recover compensation and, if so, how much they will receive.
Types of Recoverable Damages in a Personal Injury Claim or Lawsuit
Victims may be entitled to compensation for various losses in a slip and fall or motor vehicle accident lawsuit. This compensation, legally referred to as “damages,” should cover the financial, physical, and emotional losses the injured party has suffered due to someone else’s negligence.
Economic Damages
The first type of recoverable compensation is economic damages. These are tangible, quantifiable losses that have a specific dollar value. If the victim’s injury causes them to miss work, they can recover lost earnings. Additionally, if the injury results in a long-term or permanent disability that affects the victim’s ability to earn income in the future, they may be entitled to compensation for lost earning capacity.
Non-Economic Damages
The second type of recoverable compensation is non-economic damages. Unlike economic damages, non-economic damages are more subjective and do not have a precise dollar value. These damages compensate the victim for the physical pain and emotional suffering they have endured as a result of the accident. This can include compensation for ongoing pain, mental anguish, loss of enjoyment of life, and, in severe cases, loss of companionship or consortium (i.e. if the injury negatively affects the victim’s relationships with loved ones). Non-economic damages recognize that the effect of an injury goes beyond just financial losses and includes the overall decrease in one’s quality of life.
Punitive Damages
In some cases, victims may also be eligible for punitive damages. Unlike economic and non-economic damages, punitive damages do not compensate the victim for specific losses. Instead, they punish the at-fault party for particularly reckless or malicious behaviour. Punitive damages are uncommon and are typically only available in cases where the at-fault party’s actions were especially egregious. Your lawyer should still explore this possibility in your case.
Together, these types of recoverable compensation help ensure that victims of slip and fall accidents or motor vehicle collisions receive the financial support they need to recover and move forward with their lives.
Call an Experienced Personal Injury Lawyer about Your Legal Matter Today
If you recently sustained injuries in an accident due to another person’s negligence, it’s important to retain qualified legal counsel for representation as quickly as possible. Your personal injury attorney can swiftly investigate your accident circumstances, review your options, and pursue the financial compensation you need.
