This is Part Five of an ongoing article series. For previous installments, please click below:
Part One, Part Two, Part Three, Part Four
Cuming & Gillespie is dedicated to providing everyone in the Greater Calgary Area and throughout Alberta with the best possible information and representation when it comes to personal injury cases. As part of that goal, we have committed ourselves to publishing informative articles on our website, including this series detailing some of the general features common to most personal injury cases. This information may or may not be applicable in your particular personal injury case, but will give everyone a broad understanding of how this area of law works and how a case may proceed.
When Parties to a Personal Injury Case Can’t Reach a Settlement
As discussed in the previous article, the majority of personal injury cases in Calgary and throughout Alberta end with an out-of-court settlement: The plaintiff/injury victim and the defendant/insurance company come to an agreement regarding the defendant’s responsibility for the injury-causing accident, and negotiate a fair amount of compensation based on the extent of the injuries and their impact on the plaintiff’s life. Settlements are generally preferred assuming everyone comes to the table in good faith and with fair and just outcome in mind.
There are times, though, when a reasonable settlement cannot be reached; in such situations, your Calgary personal injury lawyer may advise you to go to trial—a longer process than most settlements, but worthwhile when it means getting what you are entitled to for lost abilities, lost wages, and pain and suffering.
In a personal injury trial, you and your personal injury lawyers will present your case in front of a Calgary judge and jury. The defendant, typically represented by their insurance company’s lawyers, will also present their case. It is possible that the defendant will claim they were not at all responsible for the accident that caused your injuries, or it is possible that they will admit some or total liability but dispute the extent of your injuries and/or what might constitute fair compensation for the injuries you received and their impact on your life.
Along with guidance provided by legislation and instructions from the judge, a Calgary jury will determine if the defendant’s negligence led to your injuries, and/or what you are entitled to as a result.
Personal Injury Lawyers Are an Integral Part of Calgary Civil Litigation
Presenting your case at trial isn’t a simple affair, and having a personal injury lawyer by your side is all but essential. If you or a family member has been injured in an accident, contact our office to speak with a dedicated plaintiff-only Calgary personal injury today. You’ll speak with a knowledgeable, compassionate legal professional who can help you understand your case and prepare you for moving forward, from filing the first paperwork until the final outcome.