If you have been injured because of someone else’s negligence, the physical pain is often only part of the challenge. Medical bills, time away from work, and ongoing recovery can place serious strain on individuals and families. Alberta law allows injured people to pursue compensation through a personal injury claim, but the process is governed by strict rules, deadlines, and insurance practices that many people are unfamiliar with.
For individuals injured in Calgary, understanding how personal injury claims work under Alberta law is essential to protecting your rights and maximizing compensation.
What Is a Personal Injury Claim?
A personal injury claim is a legal action that seeks financial compensation when someone is injured due to another party’s negligence or wrongful conduct. In Calgary, common personal injury claims arise from:
- Motor vehicle accidents on major roadways such as Deerfoot Trail, Stoney Trail, and Crowchild Trail
- Slip and fall accidents caused by poorly maintained properties or icy sidewalks
- Dog bites and animal attacks
- Assault-related injuries
- Defective products or unsafe premises
The purpose of a personal injury claim is not punishment, it is compensation. The law aims to restore the injured person, as much as possible, to the position they were in before the injury occurred.
Step 1: Seek Medical Attention Immediately
After an accident, your priority should always be your health. Even if injuries appear minor, you should seek medical care as soon as possible.
From a legal perspective, prompt medical treatment:
- Creates an official medical record linking your injuries to the accident
- Prevents insurers from claiming your injuries were pre-existing or unrelated
- Establishes a timeline that supports your claim
Delaying medical care is one of the most common reasons insurers dispute or undervalue injury claims.
Step 2: Document the Accident and Your Injuries
Successful personal injury claims are built on evidence. The more documentation you can gather, the stronger your case will be.
Important documentation includes:
- Photos or videos of the accident scene, vehicles, or hazards
- Photographs of visible injuries
- Names and contact information of witnesses
- Police or incident reports
- Medical records, prescriptions, and treatment notes
- Receipts for expenses such as medications, physiotherapy, and transportation
This evidence helps establish faults, demonstrate the severity of your injuries, and quantify your losses.
Step 3: Understand Alberta’s Limitation Period
In most personal injury cases, Alberta law imposes a two-year limitation period starting from the date of the injury. This means you must formally start your claim within two years.
Missing this deadline can result in:
- Permanent dismissal of your claim
- Loss of your legal right to compensation
Because exceptions are rare, speaking with a lawyer early helps ensure deadlines are not missed.
Step 4: Notify the Insurance Company
Many personal injury claims involve insurance companies, particularly in motor vehicle accidents and slip and fall cases.
However, insurance companies are not neutral parties. Their goal is to minimize payouts.
Before communicating with an insurer:
- Avoid providing recorded statements without legal advice
- Do not accept early settlement offers
- Be cautious about signing broad medical authorizations
What you say early in the process can be used against you later.
Step 5: Consult a Calgary Personal Injury Lawyer
While hiring a lawyer is not mandatory, legal representation often improves outcomes.
A Calgary-based personal injury lawyer can:
- Assess liability and identify all responsible parties
- Calculate current and future damages
- Communicate with insurers on your behalf
- Negotiate fair compensation
- Start a lawsuit if settlement negotiations fail
Most personal injury lawyers work on a contingency basis, meaning fees are only paid if compensation is recovered.
Step 6: Settlement or Litigation
Most personal injury claims settle without going to trial. If a fair settlement cannot be reached, court action may be necessary.
Compensation may include:
- Medical and rehabilitation expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Out-of-pocket costs
Each claim is unique, and results depend on evidence, injury severity, and liability.
Why Calgary Injury Victims Benefit From Local Legal Advice
Personal injury claims in Calgary often involve local insurers, Calgary courts, and Alberta-specific regulations. Local legal knowledge can streamline the process and avoid costly mistakes.
Final Thoughts
Filing a personal injury claim in Alberta requires careful documentation, strict deadline management, and strategic negotiation. Calgary residents who act early and seek informed legal guidance are best positioned to protect their rights and pursue fair compensation.