Motor vehicle collisions and slip-and-fall accidents often result from the negligence of others, such as distracted driving, speeding, or failing to maintain safe premises. In these cases, one party’s careless actions cause harm to another.
Insurance companies frequently make lowball offers to victims in an attempt to minimize their payouts. Hoping that the victim will accept quickly out of financial need or lack of knowledge, insurance companies often make initial offers that are much lower than what victims deserve.
A Alberta personal injury lawyer can negotiate with the insurance company to secure a fair settlement – or, if necessary, litigate the case in court – to ensure that the victim receives proper compensation for their injuries.
How Do Motor Vehicle Collisions and Slip and Falls Happen?
Motor vehicle collisions and slip-and-fall accidents often happen due to the negligence of others. Negligence occurs when a person fails to take reasonable care to avoid harm to others. In both types of accidents, this failure to act responsibly can lead to serious injuries or even fatalities.
In motor vehicle collisions, common causes of accidents due to negligence include distracted driving, speeding, and driving under the influence of alcohol or drugs.
- Distracted driving, such as texting or talking on the phone while driving, takes a driver’s attention away from the road and reduces their reaction time. Distracted driving can easily lead to crashes, especially if a driver does not notice a stop sign, red light, or other important signals.
- Speeding is another common cause of accidents. When drivers exceed the speed limit or drive too fast for road conditions (such as rain or snow), they may be unable to stop in time to avoid an obstacle or another vehicle.
- Furthermore, driving under the influence of alcohol or drugs is a leading cause of accidents. These substances impair judgment, reaction times, and coordination, making it difficult for drivers to make safe decisions behind the wheel.
Slip-and-fall accidents, on the other hand, often occur because of hazards that property owners should have addressed.
- One of the most common causes is wet or slippery floors. If a store or business does not properly clean up spills or post warning signs, customers may slip and fall, leading to injuries.
- Poor lighting is another cause of slip-and-fall accidents. When areas are poorly lit, people have difficulty seeing obstacles or changes in the floor level, such as steps or uneven surfaces. In many cases, property owners fail to fix broken or uneven sidewalks, which can trip pedestrians.
- Also, icy walkways in the winter are a serious concern. Not properly salting or clearing snow from sidewalks increases the risk of someone slipping and falling.
Common Injuries in Motor Vehicle Crashes and Slip-and-fall Accidents
Motor vehicle accidents and slip-and-fall accidents can lead to a wide range of injuries, some of which can be life-threatening or cause long-term damage. When these accidents occur because of someone else’s negligence, the victims often suffer physical, emotional, and financial consequences.
In motor vehicle accidents, the most common injuries include whiplash, broken bones, head injuries, and back or spinal cord injuries.
- Whiplash occurs when the head jerks forward and backward suddenly, often in rear-end collisions. This motion causes strain on the neck and can lead to pain, stiffness, and difficulty moving the neck.
- Broken bones, especially in the arms, legs, ribs, and collarbones, are also common in car accidents, as the force of the crash can cause limbs to break.
- Head injuries range from concussions to more severe traumatic brain injuries (TBIs). TBIs can result in memory loss, difficulty concentrating, and sometimes permanent brain damage.
- Back and spinal cord injuries are also frequent in car crashes. A damaged spine can lead to paralysis, limited movement, or even death, depending on the severity of the injury.
Slip-and-fall accidents can cause injuries that range from bruises to severe fractures or head trauma.
- One of the most common injuries in slip-and-fall accidents is a broken wrist or ankle. When a person falls suddenly, they often try to catch themselves with their hands or arms, leading to fractures.
- Another frequent injury is a sprained or twisted ankle. This injury occurs when the foot is forced into an unnatural position while slipping or tripping, causing ligament damage.
- Head injuries are also common in slip-and-fall accidents, especially if the person falls backward and strikes their head on the ground. These injuries can include concussions or more severe brain injuries, which may lead to long-term cognitive issues.
Older adults are particularly at risk for serious injuries, as their bones are more brittle, making fractures more likely. Hip fractures are especially common in elderly individuals who fall.
In both motor vehicle accidents and slip-and-fall incidents, victims can experience emotional trauma as well. Post-traumatic stress disorder (PTSD), anxiety, and depression are often linked to the physical pain and fear of being involved in such accidents. The physical and emotional toll of these injuries can significantly affect a person’s quality of life.
Negotiating a Fair Settlement After an Accident
Insurance companies often make low settlement offers in motor vehicle accidents and slip-and-fall cases because their goal is to minimize the amount of money they pay out. These companies are businesses focused on profit, and paying out large settlements reduces their bottom line. Following an accident, the insurance adjuster may quickly contact the victim with an offer that seems reasonable at first glance but is actually much lower than what the victim deserves. This initial offer is usually designed to get the victim to accept a quick payout without fully understanding the extent of their injuries or future medical needs. Insurance companies know that many people are under financial stress following an accident, so they hope that offering a small amount will be tempting enough for victims to accept quickly.
Another reason insurance companies may offer low settlements is that they often downplay the severity of the victim’s injuries. They may argue that the injuries are not as serious as the victim claims, or they may suggest that the accident was not as significant as it truly was. These tactics are part of their strategy to reduce the amount of money they pay out, hoping that the victim will settle for a lower amount than they deserve. In some cases, insurance companies may even pressure victims into accepting settlements before they have had a chance to fully recover, which can prevent them from obtaining the compensation they need for lost income, for example.
Hiring a lawyer can be essential in these situations. A knowledgeable lawyer can level the playing field between the victim and the insurance company. Lawyers understand accident claims and know how to assess the full scope of the victim’s injuries, both physical and emotional. They can ensure that the victim’s lost income and other costs are accurately calculated.
A lawyer can also negotiate with the insurance company on the victim’s behalf, presenting evidence and making a case for a higher settlement. If the insurance company is unwilling to offer a fair settlement, a lawyer can prepare the case for litigation, taking the matter to court. In court, a judge or jury can determine the appropriate compensation amount based on the facts of the case. Through either negotiation or litigation, a lawyer’s role is to advocate for the victim’s rights and ensure they receive a fair outcome, whether in settlement or through a trial.
Litigating a Personal Injury Case in the Court System
Litigating a motor vehicle crash or slip-and-fall accident case in the court system is a complicated process that involves multiple steps. If a victim cannot reach a fair settlement with the insurance company, the case may proceed to litigation, where a lawyer will represent the victim’s interests in court. This process requires careful preparation, legal knowledge, and negotiation skills to achieve the best possible outcome.
The first step in litigation is filing a lawsuit. After consulting with a lawyer, they will gather all relevant information, including medical records, police reports, witness statements, and any other evidence that supports the victim’s claims. The lawyer will then file a document in court outlining the legal reasons for the lawsuit and the damages the victim is seeking. Once the lawsuit is filed, the defendant (the party being sued) will receive notice and must respond, often denying responsibility or disputing the damages.
The next phase is the discovery process. During discovery, both parties exchange information about the case, which may include documents, evidence, and depositions (sworn statements taken under oath). The defence may request medical records and other personal information, while the lawyer for the injured party (plaintiff) may question the defendant or witnesses to gather more facts. This phase can be lengthy as each side works to build their case.
Once discovery is complete, both sides will often attempt to reach a settlement outside of court to avoid the time and expense of a trial. However, if they cannot reach an agreement, the case will move forward to trial.
At trial, both the plaintiff’s and the defendant’s lawyers will present their arguments, evidence, and witness testimony to the judge and jury. The plaintiff’s lawyer will attempt to prove that the defendant’s negligence caused the accident and the victim’s injuries.
After both sides have presented their cases, the jury or judge will deliberate and reach a decision. If the victim wins the case, the court will award them compensation.
Throughout this process, a lawyer plays a crucial role. They can guide the victim through each stage of litigation, ensuring that all legal procedures are followed correctly and that the victim’s rights are protected. From gathering evidence to representing the victim in court, a lawyer works to secure the best possible outcome in a difficult and stressful process.
Recovering Compensation for the Injuries You Suffered
In motor vehicle accidents and slip-and-fall cases, victims may be entitled to compensation for their various losses, whether they settle with the insurance company or pursue litigation. Compensation that victims recover can help cover the effects the accident has on the victim’s life.
- One of the most common losses is lost income. If a victim can’t work because of their injuries, they may recover compensation for the income they lost. This compensation includes both past earnings lost from the time of the accident until the trial or settlement, along with future lost earnings if the victim’s injuries will affect their ability to work long-term.
- Another compensable loss is pain and suffering. This type of damage refers to the physical pain, emotional distress, and mental anguish the accident and its aftermath caused. Pain and suffering can cover a wide range of experiences, including chronic pain, anxiety, depression, and loss of life enjoyment. While it is difficult to quantify, a court or insurance company may award compensation based on the severity and long-term nature of these effects on the victim’s quality of life.
- Loss of consortium is another loss that victims can suffer, which applies when a victim’s injuries affect their relationships with family members. The spouse of the injured person typically seeks compensation if the victim can no longer maintain a normal, loving relationship due to their injuries.
In some cases, victims may also be entitled to punitive damages. Unlike other damages, which aim to reimburse the victim for losses, punitive damages are intended to punish the defendant for particularly reckless or harmful behaviour – and to deter similar actions in the future. This compensation is more likely to be awarded in cases where the defendant’s actions were grossly negligent or intentional, such as drunk driving or intentionally causing harm.
Whether through settlement or litigation, a lawyer can ensure that all losses are recovered. They can calculate the total effects of the victim’s injuries on their life and work to secure fair compensation, allowing the victim to focus fully on their medical recovery.
Contact an Experienced Personal Injury Lawyer Right Away
In a personal injury claim or lawsuit, the insurance company is never on your side, which is why you should retain experienced legal counsel to represent you as soon as possible. A skilled personal injury lawyer can fight the insurance company for you and work to maximize the compensation you receive for your injuries.
