Knowledgeable and Passionate Calgary Personal Injury Lawyers

Personal injury is a physical injury to a person resulting from someone else’s actions. This is generally a very broad area of law encompassing a wide range of injuries. However, at Cuming & Gillespie LLP, we focus our practice solely on serious personal injury. If you have suffered a catastrophic injury, or have lost someone you love due to someone else’s negligence, we can help you obtain the compensation you need to begin to rehabilitate and move forward with life.

Recognized Leaders in Personal Injury Law

At Cuming & Gillespie LLP, we have devoted our practice to helping those who have been injured due to the actions of others for more than 20 years. During this time, we have built a reputation for being award-winning leaders in the field. Our achievements include:

Best Lawyers in Canada Directory: Top listed in the areas of Personal Injury, Class Action and Medical Malpractice;
Global Law Experts Winner;
CorporateINTL Global Award Winner: Personal Injury Plaintiff Law Firm of the Year in Canada;
Top Choice Award: Top Injury Law Firm in Calgary; and
Personal Injury Plaintiff Law Firm of the Year – ACQ Law Awards.

We know that these serious injuries can significantly impact people both physically, psychologically, and financially. Our wealth of experience and excellent track record for obtaining compensation for our injured clients make us the best choice to represent your interests.

With over $270 million in damages recovered for our clients, we know how to best approach your claim to ensure it is a success and help you move on with your recovery and the rest of your life.

We represent people who have been in all types of accidents, including:

We also assist clients affected by:

Obtaining financial compensation plays a very important role in rebuilding your life when you have been seriously injured, and with our wealth of experience and knowledge, we can help you get what you need to get back on your feet and move forward.

Knowledgeable, Passionate and Collaborative Personal Injury Lawyers

Contact the Calgary personal injury lawyers at Cuming & Gillespie LLP to obtain award-winning legal advice and guidance with your personal injury claim. With a quarter century of experience, our lawyers have the knowledge, experience, and skills to get you the compensation you deserve. You can reach us at 403-571-0555 or online.

Personal Injury FAQs

When should I hire a personal injury lawyer?

You should hire a personal injury lawyer as soon as possible after your accident or injury. Having a lawyer’s guidance from the outset ensures your legal rights to bring a claim are preserved. Further, a knowledgeable personal injury lawyer can help identify medical treatment and care options to help you recover. It is critical to remember that the existence or severity of an injury may not be evident in the immediate aftermath of an accident. As such, a personal injury lawyer can make sure your interests are protected before it’s too late.

How long does it take to settle a personal injury claim?

In most cases, it will take between six months and three years to settle a personal injury claim. However, not all cases will fall within this range and there can be exceptions, depending on the particular circumstances of the case. Less complicated claims may be resolved quickly through negotiation. Others can take significantly more time, depending on the severity and complexity of the injuries, the technical or legal issues at stake, the experience or skill level of the lawyers involved, and whether the claim is resolved through alternative dispute resolution processes or at trial. In most cases where the client has entered into a contingency fee arrangement with their personal injury lawyer, fees will not be due until the case has been settled.

It is important to work with an experienced personal injury lawyer who is knowledgeable about personal injury law, as their familiarity with the legal process and procedures will help your claim proceed as efficiently as possible. At the same time, a skilled personal injury lawyer will know when to wait and see how your injuries manifest, so your potential compensation is not reduced just for the sake of expediency.

How do I know if I have a personal injury case?

There are three elements that must be present to have an actionable personal injury claim. First, the culpable party (the defendant) must have owed a duty of care to the plaintiff. Second, the defendant acted negligently – i.e., they failed to act with proper prudence or care. For example, drivers owe a duty of care to safely operate their vehicles, and doctors owe a professional duty of care in providing medical treatment. Finally, the plaintiff must have suffered an injury that was caused by the defendant’s negligence and failure to meet their duty of care.

To find out for sure whether you have a personal injury claim, you should contact an experienced personal injury lawyer as soon as possible after being injured. By consulting with a lawyer early in the process, you secure your legal rights and any entitlement to compensation.

How much compensation am I entitled to if I suffer a personal injury?

The amount of compensation you’re entitled to after suffering a personal injury depends on the circumstances of your case, including:

The number, type, extent, and severity of the injuries involved;
The cause of the injuries or circumstances of the accident;
The parties involved in the accident;
The law applicable to the injuries and accident, including prior case law decided by Canadian courts and legislation specific to the circumstances of your case.

What types of damages am I entitled to if I suffer a personal injury?

There are several types of damages (compensation awards) that may be available in personal injury cases, depending on the circumstances. These can include:

General (non-pecuniary) damages, which are intended to compensate plaintiffs for the pain and suffering, inconvenience, or reduced quality of life caused by the injury;
Economic or special (pecuniary) damages, which reimburse the injured party for the out-of-pocket expenses incurred (or that are likely to be incurred in the future) as a result of the injury, including lost income, medical and rehabilitation expenses, and housekeeping costs;
Punitive and aggravated damages, which are intended to punish the defendant whose conduct caused the injury. These damages are less commonly awarded by courts than compensatory damages (general and economic/special damages).

A knowledgeable personal injury lawyer will review the circumstances of your case and can provide a thorough assessment of the type and range of damages you may expect to recover.

How much does a personal injury lawyer cost?

Most personal injury law firms, including Cuming & Gillespie LLP, work under a contingency fee arrangement. Under this type of arrangement, the lawyer is only paid for their services when and if their client’s personal injury claim is settled.

Cuming & Gillespie LLP covers the cost of all disbursements, such as medical reports, court filing fees, and expert assessments, for the duration of your file. These costs can otherwise be extremely expensive. Under our contingency fee arrangements, clients only pay once their claim is resolved – if there is no settlement or successful outcome, the client does not owe anything to the firm.

Personal Injury Terms

Accident Injury

An accident injury is any physical or psychological harm resulting from an incident caused by another person’s careless or intentional action. An accident injury may be the result of a motor vehicle collision, a slip and fall, medical malpractice, or any other type of incident that results in damages. It is important to seek legal advice when filing for compensation for an accident injury.

Contingency Fee

A contingency fee is an arrangement where a lawyer’s fees are based on the outcome of the client’s case. The client only pays legal fees if the lawyer is successful in getting a favourable result in the case. In other words, the client does not have to pay any fees upfront and instead will only be responsible for paying the lawyer if there is a successful outcome. A contingency fee agreement may indicate that the lawyer’s fees will be paid out of (or will be a percentage of) any compensation paid to the client.

Damages for Injuries

Damages for injuries are types of compensation that can be sought in cases where a person has been injured through another party’s negligence. There are various types of damages that an individual may be awarded for injuries sustained in an accident. Examples may include (but are not limited to) medical expenses, pain and suffering, loss of income, out-of-pocket expenses, caregiver costs, future care costs, and punitive damages.

Negligence

Negligence refers to an action or omission that causes harm due to a failure to use reasonable care. Negligence can arise from any circumstance where another person or entity owes a duty, including (but not limited to) personal injury caused by a careless driver, errors in medical treatments involving healthcare professionals, or other duties that require adherence to professional standards. To prove negligence, one must prove that the defendant owed a legal duty of care, failed to meet this obligation, and this failure caused damages. If each element is proven, the defendant is liable for any resulting damages.

Pain and Suffering

Pain and suffering, as it relates to personal injury claims in Alberta, refers to any physical or emotional distress experienced as a result of someone’s negligence. This type of damages covers the mental and psychological torment resulting from an injury sustained due to someone else’s wrongful action. This can include but is not limited to chronic pain, anxiety and depression. In Alberta, depending on the circumstances, the amount of these damages is subject to legal limits set in legislation and/or case law.

Personal Injury

A personal injury is a physical, mental, or psychological injury that was caused by the negligence of another individual or organization. It could be caused by workplace accidents, car accidents, medical malpractice, defective products and more. If you have sustained injuries in Alberta due to someone else’s negligence, you may be able to claim substantial financial compensation, depending on your case.

Personal Injury Claim

A personal injury claim is a legal claim brought by an individual against another person, government entity, organization, or business for damages resulting from a personal injury. Personal injuries can be physical or psychological and can stem from negligence, motor vehicle accidents, intentional actions, product defects and medical malpractice.

Personal Injury Litigation

Personal injury litigation is a legal process to settle claims resulting from an accident or harm caused by another person’s negligence. It covers physical and mental suffering, loss of wages, costs associated with medical treatment, damage to property and even punitive damages. In Alberta, personal injury claims are typically handled through a civil claims process that may or may not involve court proceedings.

Rehabilitation

Rehabilitation is a type of medical care designed to help people heal from any physical, psychological, or emotional issues that may have arisen due to an accident. Injury rehabilitation may involve therapeutic activities (including physiotherapy), medications/supplements, and lifestyle modifications as prescribed by a doctor or other healthcare provider.

Settlement

A case settlement is a legal agreement between parties to resolve a dispute without having to proceed to trial. It usually involves both sides agreeing to terms regarding financial compensation or actions that have been taken and/or must be taken. The parties are generally represented by lawyers, and, in some cases, independent mediators are involved. A case settlement is binding and enforceable in court and can help to reduce costs associated with litigation.

Booking an appointment? Inquiries?