BPCAB Personal Injury Lawyer
258-150 Chippewa Rd
Sherwood Park, AB T8A 6A2
(587) 200-9898
https://abinjurylawyer.ca/sherwood-park/
After you have sustained an injury as the result of an accident, you may be entitled to compensation. Call the legal experts at BPCAB Personal Injury Lawyer. Our personal injury lawyers have represented the interests of clients in Sherwood Park and surrounding communities for over fifty years.
1. Know How The Injury lawyer in Edmonton Can Use The Proximate Cause
Concept
Car accidents are common incidents nowadays. But you will never be able to understand
the problems that one has to face until you become the victim yourself. Then only you
will understand the importance of hiring the Injury lawyer in Edmonton for dealing with
the lawsuit. If the accident is minor and the physical injuries are also less, then a quick
out-of-the-court settlement might do. But if you have sustained considerable injuries and
the fault was not yours, you have every right to claim for compensation against the
negligent person or authority.
Concept of proximate cause
The personal injury cases become complicated when it comes to proving the fault of a
person. When you claim that the other car’s driver is responsible for the crash, you need
to show the same. The responsibility of the Injury lawyer in Edmonton is proving that
the negligent behavior of the driver has been the proximate cause of the accident.
Legally, proximate cause is a particular action that leads to the incident. If a vehicle
suddenly swerved in front of your car from another lane, then the proximate cause will
be the inability of the driver to control the swerving to the wrong lane. Even if the cause
of fact is a failure of the brakes, then also the proximate cause will be the same.
Detection of proximate cause
It is challenging for many experienced Injury lawyer in Edmonton to detect the exact
proximate cause of specific accidents, especially when there has been a chain of actions.
A pedestrian might have stepped up even when the signal turned red for the
pedestrians. The other car tried to save the pedestrian. In effect, the driver had to
swerve the vehicle to a different lane all of a sudden. You did not get any time to pull the
brakes, and so, the collision happened. Unfortunately, you are the one to suffer from
grave injuries. Logically, the entire chain of incidents has been the cause of the accident.
Managing the chain events
In case a chain of events led to the accident, then it will not be a good idea to claim the
entire compensation from the other driver. Instead, your Injury lawyer in Edmonton will
ask you to claim the compensation from the ignorant pedestrian who has been the actual
cause of damage to both the vehicles. The other car owner can also start a lawsuit
against the pedestrian. It will be easier to prove the case and gather pieces of evidence
like video footage.
Proximate cause can change cases
Accidents happen in a moment, but you will be surprised to see how the lawyers can
show different dimensions of the same event. The concept of proximate cause is tricky,
and the defendant’s lawyer can completely reverse the scenario and make you the
proximate cause of the happening. So a professional advocate is necessary who will
present the case in such a manner that there will be no scope of the defendant to evade
being the proximate cause. The experience and legal expertise of your lawyer will help
you in such cases.
2. Challenges That A Personal Injury Lawyer in Edmonton Can Face While
Representing Workplace Injury Case
Workplace injuries are quite common matters. The extent and gravity of the injuries
depend on the type of work you are doing. If you are involved in construction work and
you fall from a considerable height, it may result in permanent physical disability or even
can be the cause of death. With the rise in the number of workplace injury cases, you
can now hire specialized Personal Injury Lawyer in Edmonton, who has much experience
in representing similar lawsuits. The specialization is necessary as there are many
challenges to face when your advocate starts the workplace injury case.
Misconception about affording lawyers
A common misconception prevailing among workers is that hiring a Personal Injury
Lawyer in Edmonton is always expensive. But in a practical scenario, it is not so. You can
hire an attorney on a contingency basis. To put in simple words, you have to pay the
lawyer a decided part of the compensation amount only if the lawyer wins the case, and
you get the money. There is no question of payment unless you gain the compensation.
Thus, if you ever sustain any injury at the workplace and you know it is due to the
negligence of the authority, you can sue the company.
Witnesses are important
A very crucial factor that plays a vital role in workplace injury cases is the statement of
the witnesses. Unfortunately, if you don't have any witnesses to testify, the Personal
Injury Lawyer in Edmonton will have a tough time to prove the entire incident. The
courtroom does not listen to the story without any proof. In such cases, the lawyer has
to present the case in a different format, emphasizing the nature of the injury and its
cause, avoiding the incident description, and witness questioning part. If you sustain an
injury and you know it was un witnessed, immediately rush to the manager or person-in-
charge and report the injury so that later, the management can’t deny the entire
incident.
Denial on mismatch
The Personal Injury Lawyer in Edmonton has to be extra cautious about your
statements. The way you describe the incident will give a picture of the accident. From
that picture, the attorney will have to match whether the event can cause the injuries
which you have sustained. If there is any mismatch, the lawyer will again discuss the
event with you so that at the courtroom, the defending attorney won't be able to find out
any inconsistency between the medical reports and the accident. Otherwise, the court
will immediately deny the entire claim.
Good communication is necessary
When you are discussing your case with the lawyer, you have to be very specific and
elaborate. You should be specific about the facts and elaborate on the description of the
accident. The communication between you, the management authority, the doctors, and
the lawyer should be unambiguous so that none can claim miscommunication to nullify
some statements. You should not also delay in starting the medical treatment as
otherwise, the doctors won't be able to note all the injuries. Get the legal as well as
medical help fast to avoid many challenges.
3. Using the Concept Of Negligence By The Injury lawyer in Edmonton
If you have started the procedure of lawsuit after a car accident, then you have
unquestionably come across the term negligence several times. The Injury lawyer in
Edmonton, who is representing your case, can elaborately explain to you the significance
of this term in the lawsuit. As a matter of fact, this term is the most critical parameter
that will be a decisive factor for the final judgment. So, the crucial aspect of the injury
claim lawsuit is proving the negligence of the person against whom you have brought the
legal charge.
Concept of negligence
When your Injury lawyer in Edmonton is accusing a person of being negligent, it means
that the person has shown some careless behavior resulting in the accident and,
consequently, your damages. In legal terms, if the other person has been doing
something that he or she must not do while driving like speaking over the cell phone or
speeding when the red light is on, it will be a form of negligence. Now it is the
responsibility of the advocate to prove that the same negligent behavior is the cause of
the accident. The advocate will be collecting all necessary pieces of evidence and
witnesses to testify for you.
Elements to look for
If you are the plaintiff, then the Injury lawyer in Edmonton has to show in the courtroom
that the defendant was negligent. There are several elements that the attorney has to
keep in mind while portraying the case. The first point that the lawyer can bring up is
that the opponent was not reasonably careful. There would be no necessity of suddenly
pulling the brakes to save the pedestrian if the person was driving within a reasonable
speed limit. It is the duty of any driver o be careful on the road always. Failing to do so
will be an example of utter negligence.
Violation of duty of care
In the courtroom, the jury and the judge use the most logical approach to decide for a
case. Hence the Injury lawyer in Edmonton has to build the case representation in a
particular manner. The violation of the duty of care by the other driver should be
evident. The law will decide based on one question. Will a prudent and reasonable
person do the same action as that of the defendant? If the answer is no, then the
opponent will be guilty of negligence on the road.
All accidents are not for claims
Suffering from injuries at an accident does not always imply that you are going to get
the compensation. You may also have been negligent just like the other driver. The
lawyer has to prove that the extent of negligence was more in the case of the other
driver. Also, your level of injuries should be graver. Only then you will get some
compensation if the court believes that the negligence of the other driver was more after
comparing all the facts and evidence. You need to show all your monetary losses for
claiming compensation.
4. Is Assistance OfPersonal Injury Lawyer in Edmonton Necessary In Certain
Cases?
Accidents are not daily events. So, you won’t always be ready to face the consequences
of the crash. But the events can turn your world upside down, and you will be utterly
confused as to what will be your next course of action. The physical and mental trauma
can be considerable. You should never take the risk of trying to sort out the claims and
settlements all alone. You must seek professional help to acquire the deserved
compensation. Here are some conditions where you will need help from an injury lawyer
for the best results.
Medical malpractices
Often, you may be the victim of medical malpractices. The doctor might commit a
mistake in the diagnosis of the disease leading to a completely wrong treatment
procedure. As a result, your health may deteriorate instead of stabilizing. You will need
then guidance of a Personal Injury Lawyer in Edmonton who knows that you are not in a
physical state to sue the medical authority. The advocate will start collecting all the
necessary information and reports, which will help to prove in court that you have been
suffering only because of the wrong treatment of the health care provider.
Avoiding quick settlement
In case of a car accident, you can be the victim of the negligence of another driver.
Sometimes, the insurance company of the responsible person might try to contact you
and settle the claim quickly so that the company can stop the courtroom procedure
instead of some insignificant amount. But you must hire the Personal Injury Lawyer in
Edmonton who knows that quick settlement of such claim is never beneficial for you.
Alternatively, if you start a lawsuit, you can claim the right amount as compensation.
The negligence of the opponent can ruin your life, and the lawyer will prove with pieces
of evidence in the courtroom for getting the judgment in your favor.
Insufficient investigation
It may be impossible for you to go back to the accident site and gather some evidence
yourself after the accident. Your physical condition won’t permit you to undergo the
exhaustion. But Personal Injury Lawyer in Edmonton possesses specialized training, and
they know which factors to look for at the site. Gathering the right pieces of evidence will
increase the chance of winning the lawsuit. Sometimes, the police also fail to notice
specific facts which never evade the eyes of the law professionals.
Victim of permanent disability
The accident can be so severe that you might face some permanent physical disability
like the loss of eyesight or limb amputation. No insurance settlement can be enough to
compensate for your loss. But the insurance companies try to settle the matter by
paying the expenditures for all the current treatment procedures. Personal Injury Lawyer
in Edmonton knows that in such cases, the temporary spending is insignificant with
respect to the lifetime expenditure that is coming your way. The complete loss of wages,
mental trauma, physical damage, and all other related factors add up to the total
financial compensation.