Thinking of Handling Your Own Injury Claim? Here’s What You Need to Know First

Doing things yourself can be empowering. From home renovations to car repairs, many of us take pride in rolling up our sleeves and figuring it out. But when it comes to a personal injury claim, DIY isn’t just risky—it could cost you far more than you realize.

At Hammer Injury Law, we’ve worked with countless people who tried to deal with their injury claim on their own and came to us when they hit a wall. They often say the same thing: “I thought I could save money—but I ended up settling for way too little.”

If you’re thinking about handling your own injury claim, here’s what you need to know before you decide to go it alone.

Alberta’s Injury Law Process Isn’t as Simple as It Seems

On the surface, dealing with an insurance company might seem straightforward. You fill out some forms, describe your injuries, and wait for a settlement. But the truth is, navigating Alberta’s personal injury system takes deep legal knowledge, especially after recent legislative changes.

For example, Alberta’s Minor Injury Regulation puts a cap on damages for certain injuries—currently $6,182 in 2025 for pain and suffering related to “minor” injuries. But determining whether your injuries are truly “minor” is not always clear. If you don’t fully understand the regulation, you might assume your injuries are capped when they actually aren’t. Or worse, you may settle before the full extent of your injuries becomes clear.

If your injuries fall outside the cap, you’ll need to prove it—with detailed medical evidence, legal submissions, and sometimes expert testimony. This isn’t something most people can pull together on their own.

Accurately Valuing Your Claim Is More Complicated Than You Think

Most people underestimate how much their injury has cost them—not just in medical bills or lost wages, but in long-term care, reduced quality of life, and future income loss. When you’re injured, especially if you’re in pain or under financial stress, it’s tempting to accept what seems like a reasonable offer just to move on.

But without legal training and access to the right experts, you may miss out on thousands—or even tens of thousands—of dollars in compensation.

In Alberta, your claim may include:

  • Past and future wage loss (including promotions and long-term career impact)
  • Medical expenses and out-of-pocket costs
  • Future care needs, including rehab, home modifications, and medications
  • Pain and suffering (subject to both the minor injury cap and the Supreme Court’s overall cap on non-pecuniary damages, now near $450,000)

These categories each require evidence, documentation, and legal argument to justify. Insurance companies aren’t going to help you maximize your claim—they’re going to look for the lowest number you’ll accept.

Insurance Companies Are Not on Your Side

It’s easy to forget: insurance companies are for-profit businesses. Their job is to pay you as little as possible. When you don’t have a lawyer, they know you’re vulnerable—and they act accordingly.

Common tactics include:

  • Offering quick, lowball settlements before you know the full extent of your injuries
  • Disputing your injuries or claiming they predate the accident
  • Delaying your claim in hopes you’ll give up or settle out of desperation
  • Asking for a statement, then using your words against you to reduce your compensation

A personal injury lawyer acts as a buffer between you and the insurer. At Hammer Injury Law, we handle all communications and negotiations for you, protecting your claim while you focus on recovery.

Proving Fault—and Defending Yourself

One of the most overlooked aspects of DIY injury law is the burden of proving liability. In Alberta, the injured party must prove the other person was at fault, and in some cases, defend against allegations of contributory negligence.

This means gathering:

  • Police reports
  • Medical records
  • Witness statements
  • Photographic or video evidence
  • Expert opinions (in cases involving collisions, product failure, or complex injuries)

If the insurer argues you were partially responsible, your compensation can be reduced. Without legal representation, you may not even know how to fight back.

Missed Deadlines Can Derail Your Claim

Under Alberta’s Limitations Act, you generally have two years from the date of the accident to file a personal injury claim. But there are also procedural deadlines—some much sooner—that can affect things like Section B benefits or litigation rights.

We’ve seen strong claims fall apart because someone waited too long or failed to take the right steps in time. When you hire a lawyer, you’re not just getting legal advice—you’re getting a system that ensures nothing falls through the cracks.

The Emotional and Mental Cost of Going It Alone

Even if you’re organized, confident, and detail-oriented, handling your own injury claim can be mentally and emotionally draining. You’re already dealing with physical recovery, lost income, and upheaval to your routine. Add legal research, negotiation with insurers, and document management to that, and it can quickly become overwhelming.

We’ve had clients tell us that hiring Hammer Injury Law was a turning point—not just because we increased their settlement, but because we lifted the burden off their shoulders so they could focus on healing.

You Don’t Have to Do This Alone

If you’re considering handling your own injury claim, we encourage you to talk to us first. There’s no cost to speak with us, no obligation to hire us, and no pressure. Just a real conversation about your case, your options, and what might be at stake if you go it alone.

At Hammer Injury Law, we work on a contingency fee basis, which means you pay nothing unless we successfully resolve your case. We’re here to help you understand the full value of your claim and give you the support you need to move forward with confidence.

Contact Hammer Injury Law today for your free consultation.