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How long does it take to settle a personal injury claim in Alberta?
If you’ve sustained an injury due to the negligence of another party, filing a claim may be one of your first considerations. Whether it’s from a car accident or a slip and fall, you may not be in a state to handle the legal procedures. For a complete recovery, you’ll also need to think about your financial situation, the duration of the claim, and whether further action is required.
In Alberta, the Limitations Act states that a claim generally must be filed within two years from when the injury occurred. If a claim cannot be submitted before this deadline, the defendant may be released from liability.
Whether you’re recently involved in an injury accident or require legal assistance, the team at Martin G. Schulz & Associates can help you file a claim. We’ll prepare the necessary documentation and evidence to reach a fair settlement. Find a trusted personal injury lawyer in Calgary and book a free consultation today.
What Can Affect the Timeline of My Injury Claim?
The amount of time it takes to receive a settlement depends on several factors, including the extent of the injury and how complex your case is. While minor injuries may take a couple of months, more severe accidents, resulting in brain or spinal cord damage, can span years.
Moreover, while some injuries may appear superficial at first glance, symptoms often do not become apparent until more time has passed. In other words, if you settle for less, you may miss out on other types of compensation to which you would have been entitled. This can also prevent or delay your full recovery, or Maximum Medical Improvement (MMI).
Other factors can also slow down your claim processing time, such as:
- Insurance company negotiations: Back-and-forth discussions with the other party’s insurer can lead to additional delays.
- Need for additional documents: In more complex cases, it may take more time to determine whether or not expert testimonies or assessments are required.
- Litigation or further action: If the settlement offered by the insurance company is not satisfactory, litigation may be required, which can last for months or even years.
To increase the chances of a fair settlement, it’s imperative to file your claim as soon as possible. By hiring an experienced injury lawyer early on, you’ll gain access to legal support on an ongoing basis. That means you’ll be presented with actionable steps during the most critical moments.
At Martin G. Schulz & Associates, we specialize in various practice areas, including car accidents, brain and spinal cord injuries, and slip and falls. Having represented thousands of clients, our Calgary injury lawyers possess the expertise to craft a plan that considers your specific circumstance.
What to Do After An Accident
Once you’ve sustained an injury, whether that’s from reckless driving or slippery floors, taking the following steps can help maximize your compensation for a faster recovery.
At the time of the accident, call an ambulance or seek medical assistance promptly. To gather as much evidence as possible, document the event, including photos, testimonials, contact details, or reports.
Following the accident, start documenting any losses that occurred as a result. Maintain a record of any property damage (e.g. vehicle repairs), medical bills and receipts, or lost wages from your job.
Before filing a claim yourself, consider whether you require additional legal assistance. In any injury case, a lawyer not only takes the legal guesswork out but can also help secure a more favourable settlement.
Evidence can be difficult to recall or collect over time. Acting swiftly with the proper supporting records is key to a successful settlement. An injury lawyer can inform you the timeline for settlement, while providing legal advice and resources to strengthen your case. Many injury law firms also offer free consultations or work on a contingency basis, meaning that no legal fees are required until you’ve won your case.
How Martin G. Schulz & Associates Can Help Your Injury Claim
At Martin G. Schulz & Associates, we help calculate compensation for claims that are challenging to prove, including pain and suffering or projected loss of earnings.
We believe your financial and legal concerns should be the least of your worries. Worried about the upfront legal costs? Know that you do not receive any legal fees until a satisfactory settlement is reached.
Get the most out of your potential injury claim compensation. Call (403) 245-9000 or schedule a complimentary consultation to explore your options.
Frequently Asked Questions
Factors that can influence your reward amount include the nature of your injury and associated costs. While the minor injury cap for motor vehicle accidents is $6,182, effective as of 2025 (Minor Injury Regulation), this cap only applies to pain and suffering. This means that serious injuries, non-vehicle injuries, or whiplash are not affected by this limit.
For a more accurate estimate, an injury lawyer can calculate what you’re entitled to and how much.
Generally speaking, income tax payments aren’t required. Since a personal injury settlement is not considered taxable income under CRA guidelines, it is not subject to income tax. However, there are circumstances when income tax does apply, such as in cases where the settlement is perceived to serve as a source of income (e.g. severance payment).
An advance for a claim cannot be made unless sufficient reasoning is provided. Typically, this would require evidence demonstrating that losses occurred as a result of another party’s negligence. If you require compensation to cover financial losses resulting from a slip or fall or injury accident, a lawyer can help advance your claim.