If a someone in Alberta with a personal injury claim were to take legal action through the court system, he or she would take part in the legal process known as litigation. In a personal injury case, a plaintiff might use such an action in hopes of gaining compensation for monetary damages.
What sorts of damages can someone seek by using the court system?
• Damages caused by medical expenses
• Hospital bills
• Lost wages
• Collateral property damage
• Pain and suffering
• Punitive damages
Outside of the compensation for damages, what other benefit could a plaintiff enjoy, after seeking justice by utilizing the court system?
The court might issue an injunction against certain of the defendant’s actions. That injunction takes the form of a court order. That same injunction could relieve the plaintiff of a certain amount of pressure.
What 2 hurdles do plaintiffs have to overcome, when using litigation to seek justice, within the context of a personal injury case?
One hurdle is the task of having to prove fault. If the court finds no evidence that a given defendant was truly the sole person responsible for an accident, it will probably not award any money to the plaintiff. The plaintiff must show that the defendant had a duty, breached that duty, and then injured the claimant when committing that breach. Proofs and evidences need to be submitted that pinpoint the liability on the defendant so that the plaintiff gets the due share of damages.
A second hurdle is the task of calculating the figure that performs the demanding job of matching a number with the observed damages. It is best to use a tool that allows for a rapid analysis of the available data. Today, a software system might serve as that desired tool. Perhaps that helps to explain why some companies promise to deliver software as a service.
Additionally, filing a claim without the assistance of a personal injury lawyer in Red Deer can be difficult. That is why it is important to find and work with an experienced lawyer. It is preferred to go with a lawyer that has both trial and negotiation experience so that they can do whatever is necessary to help you get the claim for damages.
As most of the lawyers work on contingency basis, it helps plaintiffs to know that no fees need to be remitted if the lawyer fails to win the desired compensation. This is better termed as “no win, no fee” policy. This is done so that no accident injury victim has to go without seeking justice due to upfront legal fees.