Steps Included In Personal Injury Lawsuit In Alberta

Following the filing by a claimant of a personal injury lawsuit, the court does not immediately schedule a trial. Certain steps must precede the holding of that trial.

The initial steps

The claimant/plaintiff composes a demand letter and sends it to the defendant. Then the defendant issues a response. Once those actions have been completed, a discovery session can take place.

The discovery session

During the discovery session each side shares its evidence with those on the opposing side. The lawyers for the opposing parties also question specific witnesses. The answers given by the witnesses can become the basis for questions that get raised during the trial.

The presentation of motions

The opportunity to make a motion provides each side with the chance to propose specific changes. The judge decides whether not to accept any proposed change. Any party can request an order to compel. If the judge were to agree to that order, then the other side would be compelled to carry out the action that had been requested by the opposing party.

A defendant has the right to move for cessation of the proceedings. The defendant must show that the plaintiff has not produced a sufficient amount of evidence. The plaintiff has the right to ask that certain pieces of evidence be kept back, and not presented to jurors and others in the courtroom.


In Canada a mediation must precede any trial. During the mediation session, the mediator strives to work with the opposing parties, so that they can reach a pre-trial agreement. Understand, though that the legal system allows for establishment of an agreement at any point during the various steps that make up the lawsuit process.


If the 2 parties have failed to reach an agreement after meeting with the mediator, then a trial gets scheduled. During the trial, the personal injury lawyer in Edmonton for each side presents an argument and then shares the evidence with the judge and jury. The jury listens to the evidence and then declares who should be held responsible for the injuries suffered by the victim.

If the jury finds that each party helped to create the situation that caused the accident, then the judge and jury together decide which party was less careful, and which one should receive a larger percentage of the award. In this case, neither party deserves to receive the full amount of the award.

Possible post-trial events

Either party has the right to appeal the jury’s decision. If the court agrees to the appeal, a second trial gets held. During an appeal hearing, the court hears evidence about any deviation from the accepted legal proceedings in the previous courtroom proceedings (the trial).