What is Personal Injury in Canada?

Personal injury in Canada refers to physical or psychological harm suffered by an individual due to the negligence or intentional actions of another party. It encompasses various incidents, primarily car accidents, pedestrian accidents, motorcycle accidents, etc. In general, Personal Injury covers all forms of Motor Vehicle Accidents. Negligence is often at the core of a personal injury claim.  Negligence is often unintentional and without malice, where a defendant may not have intended to hurt but ignored the risks of their actions or inaction posed to others.  Negligence is the failure to use reasonable care, resulting in damage or injury to another.

Why hire a Personal Injury Lawyer?

Hiring a personal injury lawyer can ensure you navigate legal complexities, negotiate with insurance companies, gather evidence, and maximize compensation. They provide expertise and support during a stressful time.  A personal injury, like a motor vehicle accident, can be stressful and overwhelming.  Moustarah & company works to reduce some of those burdens and stress through their extensive knowledge and unwavering dedication every step of the way.

How is Personal Injury compensation calculated?

Compensation for personal injury in Canada includes medical expenses, lost income, pain and suffering, future care needs, and more. It’s typically calculated by assessing the damages the victim incurred and their impact on their life. Some jurisdictions have a payment table or formula to determine compensation amounts, but Alberta does not.  In Alberta, each case is calculated based on the factors in that specific case.  Moustarah & company is committed to getting you a fair compensation.  The courts or negotiations often determine the final compensation amount. Having an expert law firm representing you, will reduce your stress and increase your settlement offers.

What percentage do most Personal Injury Lawyers take?

In Canada, personal injury lawyers typically take 30-35% of the final settlement as their fee. This percentage can vary based on the case’s complexity and whether it goes to trial.  At Moustarah & Company, we only charge fees once you receive your compensation.  Our goal is your recovery and healing without financial burden.  We don’t get paid until you get paid.

What is the common process for a personal injury claim?

Steps to take when you get into a car accident

There are different paths to resolving your claim, here are the common stages of a personal injury claim.  While you may feel that you want to just close the claim and get it over with, your lawyer will be working hard to ensure that you receive fair compensation. It is a long and often complex process, Moustarah & Company is here to fight the long battle to ensure that you receive fair compensation.

Usually, the first attempt at finding resolution will be a Settlement offer.  and sometimes there is counter offers and a bit of back and forth. The insurance company will want to pay as little as possible, and often their settlement offers reflect this.

A major step in the claim process is the Examination for Discovery (or Questioning).  You will need to set aside a full day, usually done at Moustarah & Company offices.  During the Examination for Discovery, the defence lawyer will ask you questions about your case.  There will be a court report taking a transcript, and you will be under oath.  The purpose of the Examination for Discovery is to learn as much information as possible about your claim. It also allows the lawyers on both sides to assess their case.  At some point after the Questioning has occurred, negotiations may resume, and it is possible that a settlement is reached at this stage.

When a settlement offer cannot be agreed to, then another option is to agree to Mediation as an alternative dispute resolution.  A mediation is overseen by a neutral third-party called a mediator.  Similarly, there is a judicial dispute resolution (JDR) which is overseen by a judge rather than a mediator.

If a settlement cannot be reached at this point, your file may need to be set for trial. However, personal injury files rarely make it to this stage of litigation in Alberta, as the parties must show good faith attempts to settle prior to being able to schedule a trial date for any personal injury claims.