August 21, 2015
It is important that everyone in Calgary understands their rights and responsibilities under Alberta's personal injury laws. What you don't know can hurt you a great deal when you are seriously injured in an accident. At Cuming & Gillespie, we think it is part of our job as Calgary's premier personal injury law firm to ensure that the public has the information it needs; it is for that reason that we have committed ourselves to publishing informative articles on our site, including this series on the progress of a typical personal injury case (click to read Part 1, Part 2, Part 3).
Though this information is general in nature and may not apply to your specific case, it will shed some light on an area of law that can affect anyone in Calgary at any time, and an area that is frequently misunderstood.
Reaching a Settlement in Your Calgary Personal Injury Case
In the last article in this series, you learned that virtually all personal injury cases include a "Questioning" in which the injured party (the plaintiff) gives their version of events. Defendants—those allegedly responsible for the injury-causing accident—may also be required to attend a Questioning to provide their evidence. Witnesses may also be contacted and asked to provide statements.
This process provides much of the basic information necessary for a personal injury case to proceed. Other information, such as police reports, medical records, and other details (e.g. evidence of repeated safety violations at a workplace, prior complaints of hazardous conditions in a business or public place, etc.) will also be taken into account as your personal injury lawyer begins negotiations with the defendant. The defendant will typically be represented by their insurance company, who will be responsible for paying out any settlement or award granted to the plaintiff.
The vast majority of personal injury cases in Calgary end in a settlement where the two sides—the plaintiff, along with his/her personal injury lawyers and the defendant's insurance company, along with its lawyers—agree on a fair amount of compensation for the injuries caused, without the need for a judge, jury, or drawn out trial. When the insurance company is prepared to offer a fair amount, a settlement is ideal as it leads to lower expenses, less stress, and a faster resolution of the claim.
Calgary Personal Injury Lawyers Who Fight for You
Though most personal injury cases in Calgary end in settlements, an experienced and dedicated personal injury lawyer will never be afraid to go to trial to get their clients the compensation they deserve. If you or a family member has been seriously injured in an accident contact the personal injury team at Cuming & Gillespie today for a free consultation.
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