Personal injury lawyers handle cases where individuals suffer an injury due to negligence or wrongdoing by others. Common cases include motor vehicle accidents (involving cars, trucks, bicycles, motorcycles, or pedestrians), slip-and-falls, and other premises-related accidents.
In motor vehicle crash cases, lawyers help victims recover compensation for lost income, pain and suffering, and other losses resulting from the collision. Similarly, in slip-and-fall cases, if the property owner’s negligence led to your injury, a lawyer can help you secure compensation for your lost earnings, pain and suffering, and emotional distress.
A Calgary personal injury lawyer will guide you throughout the legal process, negotiate with insurance companies on your behalf, and fight for the full compensation you deserve.
How Do Motor Vehicle Collisions and Slip-and-Falls Typically Happen?
Motor vehicle crashes and slip-and-falls are two of the most common types of motor vehicle accidents that result from others’ negligence. In these situations, one person’s failure to follow traffic laws or maintain their premises can lead to serious harm.
In motor vehicle crashes, there are several common ways that negligence can play a role. One of the most frequent causes is distracted driving. This includes activities such as texting, talking on the phone, or eating while behind the wheel. When a driver’s attention is divided, they may not notice traffic signals, stop signs, or pedestrians, leading to crashes.
Another frequent cause is speeding, which reduces a driver’s ability to react to unexpected events, such as a car stopping or a pedestrian crossing the street. Reckless driving, such as running red lights, weaving in and out of traffic, or tailgating, can also lead to dangerous accidents. Poor vehicle maintenance, like failing to fix worn-out brakes or bald tires, is another form of negligence that can cause crashes.
Similarly, slip-and-fall accidents usually happen because of unsafe conditions that a property owner fails to address in a timely manner. Wet floors are a common cause – especially in places like grocery stores, restaurants, or shopping malls. If a store manager doesn’t put up a warning sign or clean up a spill promptly, customers may slip and get injured. Poor lighting in hallways or staircases can also lead to falls, as people may not see obstacles or uneven surfaces. Uneven sidewalks or loose floorboards in buildings are other examples of hazards that can cause accidents. In these cases, property owners or managers are often held responsible for not maintaining a safe environment for others.
In both motor vehicle crashes and slip-and-fall accidents, the key factor is negligence – or failing to take the necessary precautions or actions to prevent harm. Whether it’s a driver not paying attention on the road or a business owner neglecting to fix a dangerous hazard, these actions can have serious consequences for those involved.
Injuries and Medical Treatment after an Accident
Motor vehicle collisions and slip-and-fall accidents often result in a wide range of injuries, varying in severity. The types of injuries that occur depend on the nature of the accident, but certain injuries are more common in both types of incidents.
In motor vehicle collisions, the most frequent injuries include whiplash, concussions, fractures, and internal injuries. Whiplash is a soft tissue injury to the neck resulting from the sudden jerking motion of the victim’s head, common in rear-end collisions. This can cause pain, stiffness, and limited range of motion.
Concussions, which are a type of traumatic brain injury, may occur if the victim’s head strikes a hard surface in the vehicle, like the steering wheel or window, leading to headaches, dizziness, or memory problems. Fractures – or breaks in bones – are common in high-impact collisions, particularly in the arms, legs, ribs, and collarbone. Internal injuries to organs like the spleen, liver, or lungs can result from the crash force, potentially leading to internal bleeding, which may require surgery to repair.
Slip-and-fall accidents often cause sprains and strains, especially in the wrists, ankles, and knees, where people instinctively try to break their fall. Fractures in the arms, wrists, and hips are also common, particularly among older adults, as falls can have a more significant effect on their bones. In more serious cases, a fall may result in a head injury such as a concussion or traumatic brain injury, especially if the person falls backward and strikes their head. Spinal cord injuries may occur if the fall causes compression or damage to the spine, leading to pain, numbness, or even paralysis in severe cases.
Victims of motor vehicle collisions and slip-and-fall accidents may require a variety of medical treatments depending on the nature of their injuries. Whiplash and sprains may be treated with rest, ice, physical therapy, and pain medications. However, bone fractures often require casting – or, in more severe cases, surgery – to realign the bones.
Concussions may require close monitoring and rest, with some cases requiring specialized treatment to address long-term symptoms. Spinal injuries often require more intensive treatments, including surgery, physical therapy, or even long-term rehabilitation. In all cases, victims may also require psychological counselling to help manage the emotional trauma associated with their accident-related injuries.
How Can a Personal Injury Lawyer Help with Your Accident Case?
Hiring a skilled personal injury lawyer can play a crucial role in helping victims of motor vehicle accidents or slip-and-fall cases throughout the entire legal process. From the moment an accident happens to the final resolution of the case, a personal injury lawyer provides guidance and representation at every stage.
- Initial Consultation and Investigation: After an accident, the first step is often to meet with a personal injury lawyer. During this consultation, the lawyer will review the details of the case, including the circumstances of the accident, the injuries sustained, and any evidence available. A skilled lawyer will know what evidence to look for, such as accident reports, medical records, witness statements, and surveillance footage. They will also identify responsible parties – whether it’s a negligent driver in a motor vehicle accident or a property owner in a slip-and-fall case.
- Gathering Evidence and Building a Case: Once a lawyer has taken on the case, they will gather all necessary evidence to strengthen the victim’s claim. In a motor vehicle accident, this may involve obtaining police reports, talking to witnesses, and reconstructing the scene of the accident. In a slip-and-fall case, the lawyer may investigate the property to find out if the property owner was negligent in maintaining safe conditions. They may also consult experts, such as accident reconstruction specialists, doctors, or safety inspectors, to support the victim’s case.
- Negotiating with Insurance Companies: One of the most important roles of a personal injury lawyer is negotiating with insurance companies. Often, insurance companies try to settle claims for less than the victim deserves, pressuring the injured person to accept a low offer. A skilled lawyer will ensure that the victim receives a fair settlement, factoring in lost earnings, pain and suffering, and other damages. If the insurance company refuses to offer a reasonable settlement, the lawyer will be prepared to take the case to court.
- Filing a Lawsuit and Representing the Accident Victim in Court: If settlement negotiations fail, a personal injury lawyer will file a lawsuit on behalf of their client. They will handle all the paperwork, ensure that deadlines are met, and represent the client in court. This includes presenting evidence, questioning witnesses, and making legal arguments to help win the case.
Legal Options if Your Personal Injury Case Doesn’t Settle
If your motor vehicle accident or slip-and-fall case does not settle through negotiations or with the insurance company, you have several legal options to pursue. These include litigating the case in court or using alternative dispute resolution (ADR) methods such as arbitration and mediation. Each option has its own advantages and considerations, depending on the circumstances of your case.
If a settlement cannot be reached, the next step is often to file a lawsuit and take the case to court. Litigation is the formal legal process during which both parties present their arguments and evidence before a judge or jury. During a trial, your lawyer will have the opportunity to present evidence, call witnesses, and make legal arguments to demonstrate that the other party was at fault and that you are entitled to compensation. This process can be lengthy, sometimes taking months or even years. However, if your case is strong and a fair settlement is not offered, litigation may be the best way to pursue the compensation you deserve.
Arbitration is a form of ADR in which both parties agree to submit their dispute to an impartial third party, known as an arbitrator, instead of going to court. The arbitrator reviews the evidence, listens to both sides and makes a binding decision on the case. Arbitration is typically faster and less formal than a trial, and it can be a less costly alternative. However, one downside is that the decision the arbitrator makes is final and generally cannot be appealed.
Mediation is another form of ADR, but unlike arbitration, the mediator does not make a binding decision. Instead, the mediator helps both parties communicate and negotiate to reach a mutually agreeable settlement. Mediation can be a quicker, more collaborative process, and it allows the parties to have more control over the outcome. While mediation is non-binding, it often results in settlements, as the mediator helps identify common ground between the parties. If mediation does not lead to an agreement, the case may still be taken to court or arbitration.
Each of these options offers a different approach to resolving disputes. Whether you pursue litigation or ADR methods will depend on factors like the complexity of your personal injury case, your willingness to negotiate, and the potential costs involved. A skilled lawyer can help you determine the best option based on your unique circumstances.
Compensable Losses in Personal Injury Cases
If you’ve suffered an injury in a slip-and-fall accident or motor vehicle collision, you may be entitled to compensation to cover your various losses. These damages are meant to make you whole again by addressing not only your physical injuries but also the emotional and financial toll the accident has taken on your life. The types of losses you may recover can vary depending on the specifics of your case.
First, if you had to take time off work because of your injuries, you can recover compensation for the income you lost during that time. If your injuries prevent you from returning to your previous job or limit your ability to work at full capacity in the future, you may also be entitled to compensation for loss of earning capacity. This aims to make up for the income you would have earned had you not suffered an injury in the accident.
Pain and suffering refers to the physical pain, discomfort, and emotional distress resulting from your injury. It’s often difficult to quantify but can be significant – especially in cases involving long-term or permanent injuries. Pain and suffering can be awarded for both the immediate pain following the accident and the long-term effects on your quality of life.
Accidents can also have a profound emotional effect, leading to anxiety, depression, or post-traumatic stress disorder (PTSD). Emotional distress damages compensate for the psychological effects of the accident, including the trauma, fear, or loss of enjoyment in everyday activities.
If the injury affects your relationship with your spouse, they may be entitled to compensation for loss of consortium. This type of damage compensates for the effects on the emotional and physical aspects of the marriage, including the loss of companionship, affection, or intimacy.
If your injuries have reduced your ability to enjoy life – whether it’s through loss of mobility, the inability to participate in hobbies, or a diminished ability to care for yourself – then lost quality of life damages may be awarded.
In rare cases, when the at-fault party’s conduct was especially reckless or malicious, you may be awarded punitive damages. These damages are intended to punish the wrongdoer and deter others from engaging in similar behaviour rather than simply compensating for your losses.
Talk to an Experienced Personal Injury Lawyer Right Away
If you recently suffered injuries in a motor vehicle crash or slip-and-fall accident that a negligent party caused, you should talk with a knowledgeable personal injury lawyer right away. A skilled lawyer can evaluate your case, gather documentation, and submit a claim to the appropriate insurance company on your behalf. They can also represent you during settlement negotiations or, if necessary, litigate your case to an efficient resolution in court.
