Understanding the role of a personal injury lawyer can help you make an informed decision about your legal options after a serious accident or injury.
What Does an Edmonton Personal Injury Lawyer Do?
An Edmonton personal injury lawyer represents people who have suffered injuries or losses because of another person’s negligence or other legally actionable conduct. The lawyer’s job is to protect the injured person’s legal interests and pursue the compensation that may be available under Alberta law.
Depending on the circumstances, this can involve investigating a motor vehicle accident, determining fault, obtaining medical records, working with doctors and other experts, dealing with insurance adjusters, calculating financial losses, negotiating a settlement, and commencing a lawsuit if a fair resolution cannot be reached.
At Moustarah & Company, our Edmonton personal injury lawyers represent individuals injured in motor vehicle collisions and other personal injury matters. We do not represent insurance companies. Our role is to advocate for the injured person throughout the claim process.
1. Assess Your Personal Injury Claim
One of the first things a personal injury lawyer does is determine whether there may be a viable claim and identify the legal issues that need to be addressed.
This may involve asking questions about:
- What happened?
- When and where did the accident occur?
- Who was involved?
- How did the accident happen?
- Was another person, driver, business, organization, or other party potentially responsible?
- What injuries did you suffer?
- What medical treatment have you received?
- Have your injuries affected your ability to work?
- Have your injuries affected your daily activities or family life?
- What insurance coverage may be available?
- Are there important limitation or notice deadlines?
This initial assessment helps the lawyer understand both the legal and practical issues involved in the claim.
If you are unsure whether you have a personal injury claim, you can also learn more about personal injury law in Alberta and the types of claims handled by our Edmonton personal injury lawyers.
2. Investigate the Accident and Determine Liability
Determining who is legally responsible is one of the most important parts of many personal injury claims.
In a motor vehicle accident, for example, a lawyer may investigate how the collision occurred and whether another driver’s conduct contributed to the accident. This can involve reviewing police reports, witness information, photographs, vehicle damage, road conditions, traffic laws, statements, and other available evidence.
The legal question is not simply who received a traffic ticket or who appears to have caused the accident. A personal injury lawyer must consider the evidence and applicable Alberta law when assessing liability.
Our Edmonton personal injury lawyers regularly assist clients with motor vehicle accident claims involving cars, trucks, motorcycles, pedestrians, cyclists, impaired drivers, hit-and-run collisions, and other circumstances.
For a more detailed explanation, see our article about negligence and determining fault in a motor vehicle accident.
3. Gather and Preserve Evidence
Evidence can become harder to obtain as time passes. A personal injury lawyer can help identify what evidence is important to your claim and take steps to obtain and preserve it.
Depending on the case, evidence may include:
- Police reports and collision reports
- Photographs and videos
- Witness statements and contact information
- Medical records
- Employment and income records
- Insurance documents
- Accident scene evidence
- Vehicle damage information
- Expert reports
- Surveillance or security footage
- Other documents relevant to liability or damages
Not every case requires every type of evidence. The evidence required depends on the nature and complexity of the claim.
4. Understand Your Injuries and Medical Evidence
A personal injury claim is not simply about proving that an accident happened. The claim must also address the injuries and losses resulting from the incident.
A lawyer may review medical records and reports to understand the nature and severity of your injuries, your treatment, your prognosis, and how the injuries affect your life.
Depending on the circumstances, medical evidence may be relevant to questions such as:
- What injuries were caused or contributed to by the accident?
- How serious are the injuries?
- How long is recovery expected to take?
- Is further treatment required?
- Could there be permanent impairment?
- Have the injuries affected employment or earning capacity?
- Will future medical or rehabilitation treatment be necessary?
- How have the injuries affected normal activities and quality of life?
Your lawyer does not replace your doctor or other healthcare professionals. Instead, the lawyer uses appropriate medical evidence to understand and present the legal consequences of your injuries.
5. Deal With the Insurance Company
Insurance companies play a major role in many Alberta personal injury claims, particularly claims arising from motor vehicle accidents.
Dealing with an insurer can be confusing and stressful while you are recovering from an injury. A personal injury lawyer can handle communications with the insurance company and help protect your legal interests during the claim.
This may include:
- Communicating with insurance adjusters
- Providing appropriate documentation
- Responding to requests for information
- Assessing insurance coverage
- Addressing disputes about liability
- Evaluating settlement proposals
- Negotiating compensation
It is important to remember that an insurance adjuster’s role is not the same as your lawyer’s role. Your personal injury lawyer represents you and provides legal advice about your interests and options.
Alberta’s government also advises people involved in automobile collisions to protect themselves legally and financially and not to admit fault or agree to a settlement at the scene. Alberta’s automobile collision and insurance guidance provides additional information.
6. Identify and Calculate Your Damages
Another important job of a personal injury lawyer is determining what losses and damages may be recoverable.
Depending on the circumstances, a personal injury claim may involve compensation for losses such as:
- Pain and suffering
- Past income loss
- Loss of future earning capacity
- Medical expenses
- Rehabilitation expenses
- Medication and treatment expenses
- Housekeeping or domestic assistance
- Out-of-pocket expenses
- Future care needs
- Other losses arising from the injury
The value of a personal injury claim cannot be determined accurately by using a generic online calculator or simply comparing the claim with another person’s settlement. The nature of the injury, medical prognosis, impact on employment, treatment needs, evidence, liability, and many other factors can affect the value of a claim.
For more information, see our article on the average payout for a personal injury claim in Alberta.
7. Negotiate a Fair Settlement
Many personal injury claims are resolved through negotiation rather than a trial.
A personal injury lawyer can assess settlement offers, prepare a demand or settlement proposal, negotiate with the opposing insurer or lawyer, and advise you about the advantages and disadvantages of accepting or rejecting an offer.
The goal is not simply to obtain the first settlement offer available. The lawyer must consider whether the proposed settlement fairly addresses the evidence, the injuries, current losses, future losses, and other damages that may form part of the claim.
Settlement negotiations can involve multiple offers and counteroffers before an agreement is reached.
Learn more about how long a personal injury claim can take to settle in Alberta.
8. Start a Lawsuit When Necessary
Not every personal injury claim needs to go to trial. However, sometimes a fair settlement cannot be reached through negotiation.
When litigation is appropriate, a personal injury lawyer can commence a lawsuit and take the procedural steps necessary to advance the claim through the Alberta court system.
Starting a lawsuit does not necessarily mean the case will end at trial. Many lawsuits continue to be negotiated and may resolve through settlement, mediation, judicial dispute resolution, or other forms of dispute resolution before trial.
The decision about whether and when to commence litigation is case-specific and should be based on the evidence, applicable law, limitation periods, the extent of the injuries, and the circumstances of the claim.
9. Represent You Throughout the Litigation Process
If a personal injury claim proceeds into litigation, your lawyer’s role can become even more involved.
Depending on the case, litigation may involve:
- Preparing pleadings
- Serving legal documents
- Exchanging relevant information and documents
- Questioning parties under oath
- Obtaining expert evidence
- Attending applications or other court appearances
- Participating in mediation or other settlement processes
- Negotiating settlement
- Preparing for trial
- Presenting evidence and legal arguments in court
A lawyer’s litigation experience can be important even when the ultimate goal is settlement. Both sides need to understand the strengths, weaknesses, risks, and potential outcomes of the claim.
Chady F. Moustarah, founding partner of Moustarah & Company, has experience in personal injury litigation and negotiation and has appeared before Alberta courts.
10. Protect Important Legal Deadlines
Legal deadlines are one of the reasons it can be important to speak with a personal injury lawyer sooner rather than later.
Alberta’s Limitations Act contains limitation periods that can affect when a civil claim must be commenced. The applicable limitation period is not necessarily determined by simply counting two years from the accident date in every situation. The circumstances of the claim matter, including when certain facts were known or ought to have been known and whether another statutory provision applies.
There can also be other notice or procedural requirements depending on the type of claim and the identity of the defendant.
For that reason, an injured person should not assume that a claim is safe simply because an insurance company has been notified or because settlement discussions are taking place.
Our article Why You Must File Your Personal Injury Claim Within 2 Years Less a Day in Alberta explains this issue in greater detail.
Do not wait until the deadline is approaching before getting legal advice. A lawyer may need time to investigate the accident, identify defendants, obtain records, assess the claim, and determine what legal steps are required.
What Does a Personal Injury Lawyer Do for You Personally?
The legal work is only part of what a personal injury lawyer does.
For an injured person, having legal representation can also mean having someone who understands the legal process and can help manage the demands of the claim while the client focuses on recovery.
A lawyer can help you understand:
- Whether you may have a claim
- Who may be responsible
- What evidence is important
- What insurance benefits may be available
- What compensation may potentially be recoverable
- What settlement offers mean
- What risks are associated with litigation
- What deadlines may apply
- What options are available at each stage of the claim
At Moustarah & Company, our approach is to provide personalized attention throughout the claim. Our personal injury lawyers represent individuals, not insurance companies, and work with clients throughout Alberta.
Do You Need an Edmonton Personal Injury Lawyer?
Not every injury requires a lawyer. Some straightforward claims may be resolved without legal representation.
However, speaking with a personal injury lawyer can be particularly important when:
- You suffered significant or permanent injuries.
- Your injuries affect your ability to work.
- Your recovery is uncertain or ongoing.
- There is a dispute about who was responsible.
- The insurance company is disputing your claim.
- The insurance company has made a settlement offer.
- You may require significant future treatment or care.
- Your injuries have affected your family or ability to perform normal activities.
- There may be multiple parties responsible for the accident.
- You are approaching a potential legal deadline.
- You are unsure what your legal rights are.
A consultation does not necessarily mean that you must proceed with a lawsuit. The purpose of an initial consultation is to understand your circumstances and discuss your legal options.
If you have been injured in an Edmonton accident or elsewhere in Alberta, you can contact Moustarah & Company to arrange a free consultation.
When Should You Contact a Personal Injury Lawyer?
Generally, it is better to obtain legal advice early rather than waiting until your claim becomes complicated or a limitation deadline is approaching.
Early legal advice can give you a better understanding of what steps should be taken to protect your claim, what evidence may be important, how to deal with insurance companies, and what medical and financial information should be documented.
You do not have to wait until you know the full extent of your recovery before asking a lawyer about your legal rights.
In fact, the uncertainty surrounding your recovery is often one of the reasons legal advice can be useful. Your lawyer can help you understand the process while your medical treatment continues.
How Alberta’s Changing Auto Insurance System May Affect Injury Claims
Alberta’s automobile insurance system is scheduled to change beginning January 1, 2027, with the introduction of a care-first model.
Under the new system, Alberta drivers injured in collisions will have access to enhanced medical, rehabilitation and income-support benefits, while the rules governing compensation and lawsuits for motor vehicle injuries will change.
This makes it particularly important to understand which insurance and legal rules apply to your accident. The date of your collision can be significant, and the applicable rules should be assessed based on the specific circumstances of your claim.
For current information about Alberta’s planned automobile insurance reforms, visit the Government of Alberta’s automobile insurance reform information.
If you were injured in a motor vehicle accident, do not assume that a general description of the future system tells you exactly what applies to your individual circumstances. Speak with a qualified Alberta personal injury lawyer about your particular claim.
Frequently Asked Questions About Edmonton Personal Injury Lawyers
What does an Edmonton personal injury lawyer do?
An Edmonton personal injury lawyer helps injured people understand and pursue their legal rights. Depending on the claim, a lawyer may investigate the accident, determine liability, gather evidence, review medical information, communicate with insurance companies, calculate damages, negotiate a settlement, and commence or defend legal proceedings when necessary.
What does a personal injury lawyer do after a car accident?
After a car accident, a personal injury lawyer may investigate how the collision occurred, assess liability, review medical evidence, deal with insurance companies, identify available benefits and compensation, evaluate the effect of injuries on employment and daily life, negotiate a settlement, and commence litigation if necessary. There are a number of steps after a car accident that are recommended to be followed.
Does a personal injury lawyer deal with the insurance company?
Yes. One of the important functions of a personal injury lawyer is communicating and negotiating with the insurance company on the client’s behalf. The lawyer can also assess insurance correspondence and settlement offers and advise the client about their legal options. Contact your Edmonton personal injury lawyer today to fight for fair compensation from the insurance company.
Does hiring a personal injury lawyer mean I have to go to court?
No. Many personal injury claims are resolved through negotiation and settlement. A lawsuit may be commenced when necessary to protect a client’s rights or pursue a fair resolution, but commencing litigation does not necessarily mean the matter will proceed to trial.
How much does a personal injury lawyer cost in Edmonton?
Personal injury lawyers commonly use contingency-fee arrangements, where legal fees are connected to the outcome of the claim rather than requiring traditional hourly billing from the beginning. The specific fee arrangement, percentage, disbursements, and other terms should be discussed with the lawyer before retaining them.
At Moustarah & Company, personal injury clients can arrange a free initial consultation and the firm operates on a no-win, no-fee basis for personal injury claims, subject to the terms of the retainer agreement. There are no fees until you collect, we don’t get paid until you get paid.
How long does a personal injury claim take?
There is no single timeline that applies to every personal injury claim. Some claims may resolve in months, while more complicated claims involving serious injuries, disputed liability, extensive medical treatment, or litigation can take substantially longer. A lawyer can provide a more meaningful assessment after reviewing the circumstances of the individual claim.
Read more about how long personal injury claims can take in Alberta.
What if I was partially at fault for the accident?
Being partially responsible does not necessarily mean you cannot pursue a claim. Alberta law can address situations in which more than one party contributed to an accident or injury. The effect of any alleged contributory fault depends on the facts and applicable law, so it is important to obtain legal advice about your specific circumstances.
What should I bring to a personal injury lawyer consultation?
If available, bring information about the accident, insurance documents, police or collision reports, photographs, medical information, employment and income information, correspondence from insurance companies, and a timeline of what happened. Do not delay contacting a lawyer simply because you do not have every document. The lawyer can explain what additional information may be needed.
Edmonton Personal Injury Lawyers Who Represent Injured People
Moustarah & Company is an Edmonton law firm focused on personal injury and other litigation matters. The firm’s lawyers represent individuals injured in motor vehicle collisions and other personal injury claims across Alberta.
Our approach is based on Extensive Knowledge Unwavering Dedication. We provide personalized attention to each claim and work to protect our clients’ interests throughout the legal and insurance process.
If you or a loved one has been injured because of someone else’s negligence, contact Moustarah & Company to discuss your circumstances with an Edmonton personal injury lawyer.
Request a free consultation with Moustarah & Company or call 780-428-6565.