To give you an example as to how expensive our civil litigation system in Alberta is we will quote a recent decision of Rudd-Birkenbach vs. Birkenbach Estate (2015) 2015 ABQB 178. Although this case did not involve a personal injury claim, but rather involved litigation around the distribution of money under a father’s will, the same Alberta Rules of Court apply to steps which must be taken in civil litigation.
The father had three children when he made his Will and then had two more children later and never signed a new Will. One of the youngest children claimed for an equal share of the estate which was in the millions of dollars per child. The youngest son was successful and was awarded $3 million from the estate of his deceased father despite the Will not providing for him.
However, what we want to highlight is that the son asked for reimbursement of his lawyer’s fees which, to take to the case to trial, were $1,125,671.00 This gives you an idea of how expensive litigation in Alberta is involving large sums of money such as in fatal accident claims. In this case the trial judge ruled that the son would receive reimbursement of his costs in the amount of $500,000.00 So the difference of $625,671.00 the son had to pay himself, thus ultimately reducing the net benefit he received under the Will.
Personal Injury Litigation Cost
Bottom line is litigation in Alberta for large claims is extremely expensive. Many people do not appreciate how expensive it is which is caused by the time consuming nature of the procedural steps required by the Alberta Rules of Court.
Fortunately for victims in serious personal injury cases and fatal accident cases we can accept the case on a Contingency-Fee Agreement which means there is no fee payable unless we are successful and then the fee is a percentage of the ultimate settlement or judgment amount. This has the benfit to the client of not paying the lawyer an hourly rate with bills rendered each and every month over a lengthy time period, and secondly not owing anything if the case is ultimately not successful.
Therefore, if you have a serious personal injury claim or a fatal accident claim, contact our firm about proceeding on a Contingency-Fee basis to make justice accessible to you as otherwise the cost of civil litigation in Alberta is much too high for the average person to afford.
Handel Law Firm is Alberta’s serious personal injury and fatal accident law firm serving the communities of Red Deer, Fort McMurray and Grande Prairie. Call now Toll Free: 1-877-844-6910