Have you been injured by someone else’s failure or negligence? If so, you have legal grounds to recover funds for your losses.
Our team of lawyers handle all aspects of personal injury law, from car accidents, to slip-and-fall cases, to other, more complex cases where the lines of injury and responsibility aren’t so clear-cut.
How do I get a personal injury case?
A personal injury case happens when a lawyer helps you make a claim against another party. The claim will seek to demonstrate that several key things have taken place.
First, that there was a person with a “duty of care” to you. They either needed to take an action or avoid taking an action that threatened your health or safety. On the road, all drivers have a “duty of care” to one another. They’re tasked with obeying traffic laws and watching the road. In a slip and fall case, the property owner’s “duty of care” is to make sure that hazards are addressed and corrected in a timely fashion.
Second, you have to demonstrate this person breached this duty somehow, and that this breach was the direct result of an injury which you suffered.
Third, you have to show that you have suffered a loss as a result of this injury. A loss could be as simple as a single medical bill which you incurred trying to have the injury addressed.
Once the claim has been made the case is open.
What is a good settlement offer?
First, a good settlement offer must adequately address your losses. In Alberta, this may not mean that they get covered 100%. We’re a comparative negligence province. If you’re found 20% responsible for an accident, then a settlement which addresses 80% of your medical bills and lost wages would be reasonable.
Second, a good settlement will include some sum for a pain and suffering award. The method of calculating this sum differs, but it’s a negotiable point between the lawyers involved. However, Alberta does cap pain and suffering awards for most soft tissue injuries at $5,500. Severe injuries are capped at $370,000.
Finally, a good settlement will offer some punitive damages if the person who hurt you has done something punishable above and beyond being merely negligent. In a car accident this might be a driver who was under the influence while they were on the road. In a premises liability case, this might be a landlord who knowingly left the hazard in place in the hopes of driving you out of your home so they could raise the rent.
Most initial settlement offers will not address any of these issues to any adequate degree. This is why you don’t want to just take the first settlement offer that comes along. We can help you identify what a good, strong settlement looks like so you’ll know whether it makes sense to take one when it’s offered.
Why Merchant Law?
When you choose a lawyer from Merchant Law you’re choosing one of the most experienced personal injury lawyers in the Airdrie area. Our lawyers have 20 to 30 years of experience in this area of the law. This means we know exactly how to leverage the facts of your case to get a solid settlement that truly helps you get back on your feet.
For a free, no-obligation, risk-free consultation, call (403) 225-7777 today, or visit our office at 191 Edwards Way SW, Unit 202 B, in Airdrie. We answer our phones 24/7/365 to make sure you can get the help you need when you need it.