Edmonton is a bustling city in Alberta, Canada, with a large population, busy roads, and several months of snowy weather. Not surprisingly, the city is notorious for high rates of accidents and slip-and-fall injuries. According to 2022 statistics, Edmonton witnessed more than 20,000 traffic collisions during the year. A significantly high number of falls and workplace injuries were also reported.
Not all accidents and injuries occur due to inclement weather. Many happen due to the negligence of drivers and business owners who fail to perform their duty of care while driving or ensuring the safety of their premises. Fortunately, Edmonton has a comprehensive legal framework to facilitate justice for victims of negligence in personal injury cases.
However, victims must understand the key aspects of this framework to maximize their rights and compensation. Knowledge can be when it comes to personal injury claims. In this article, we will highlight Edmonton’s legal system and its approach to negligence and personal injury.
Understanding the Concept of Negligence
Personal injury claims in Edmonton (and Canada as a whole) hinge on the basis of negligence. It means you have a valid claim if a person fails to exercise reasonable care, whether behind the wheel, in a shopping mall, or in a hospital. A Forbes article highlights the five key elements of negligence in the context of personal injury. These include:
- The defendant owed a duty of care (as a driver, business owner, or doctor) to the plaintiff
- A breach of duty of care was committed by the defendant
- The breach led to the victim’s injury
- The defendant should have foreseen the potential harm due to the breach of duty of care
- The victim should have suffered from harm
Establishing the Duty of Care
Besides negligence, the duty of care is another key factor affecting personal injury claims in Edmonton. It establishes the defendant’s obligation to act with reasonable care to prevent harm to others. For instance, a car driver is responsible for driving with caution to avoid accidents that may cause injuries to other drivers and pedestrians.
Similarly, a business owner is liable to ensure safe and uncluttered premises to prevent slip-and-fall mishaps. Imagine shoppers sustaining injuries due to a fall in a crowded shopping mall or patrons slipping on a wet floor in a restaurant. Medical negligence claims establish a doctor’s duty of care while diagnosing conditions, prescribing medicines, and performing surgeries.
Comprehending Comparative Negligence
The Edmonton personal injury law follows the principle of comparative negligence. It means the parties involved share the responsibility for negligence in Edmonton on a fair basis. In simple words, the court apportions damages by considering the degree of fault of each party. For example, if a plaintiff is responsible for their injuries, they cannot expect full compensation.
According to Moustarah & Company, victims should connect with an experienced personal injury attorney immediately after a negligent accident. An expert can help you understand the concept of comparative negligence and ensure the fair compensation you deserve for your pain and suffering. After all, you shouldn’t have to pay for someone else’s negligence.
Adhering to the Limitation Periods
Another factor you should understand about Edmonton’s legal system is the limitation period within which you should file a personal injury claim. The law enforces these time limits to ensure timely resolution and justice for victims who need compensation to deal with their medical bills, wage losses, and other damages.
Victims should be aware of these limitations because missing out on these means you may lose your right to pursue compensation. Even if you are severely injured, you should seek expert legal guidance. A loved one may do it on your behalf if you cannot see a lawyer in person due to mobility constraints.
Role of Personal Injury Lawyers
Perhaps the most significant aspect of personal injury claims due to negligence in Edmonton is hiring a seasoned personal injury lawyer. The negligent person’s insurer may entice you with the option of a quick settlement. However, it hardly favors victims in most cases because the amount is often less than what they deserve.
Conversely, a lawyer understands the nuances of Edmonton’s personal injury law and the clever tactics of insurers. They ensure the compensation you deserve by calculating its fair value, gathering evidence, and strengthening your claim with strong arguments.
Negligence and personal injury cases in Edmonton can be complex for victims because they do not understand the legal landscape. The best way to approach a claim is by being well-informed and hiring an attorney who can guide you throughout the process.
