No matter how careful you are as a driver, car accidents can and do happen to the best of us. In many instances, they are caused by the negligence of another driver and compensation for the injuries that you sustain are covered under the law. This is determined by how the accident happened and what the injuries and their severity are.
The law protects injured victims of another’s negligence in two ways. One is accident benefits that are due injury victims regardless of fault. The other is a tort lawsuit that specifically targets the at-fault driver for further compensation.
Accident Benefits
Because accident benefits are considered no-fault benefits, it means that no matter who caused the accident, those benefits are due for anyone injured in the accident. These benefits are paid by an insurance company to help the victim recover from an injury and also to support the family in the case of a death. These include:
● Medical and rehabilitation expenses that aren’t covered by another plan
● Compensation for lost wages if you are unable to work as a result of the injuries sustained
● Funeral expenses in the case of death
● Compensation for family members in the case of death
Although a victim’s insurance coverage is responsible for these benefits, there are many times when an insurer downplays injuries or even denies benefits. Because our insurance system prioritizes profits often at the expense of proper care for their claimants, it’s often important to get a Grande Prairie injury lawyer involved to ensure that they get the compensation they are legally due.
Tort Benefits
If the other driver was at fault, the injury victim may have the ability to sue for damages above the accident benefits. Fault can be assessed by determining if
● The other driver was charged
● The other driver was under the influence of alcohol or drugs
● The other driver was driving in an unlawful way
● The other driver was distracted
Once fault has been assessed, the severity of injuries is also taken into consideration. For certain compensations, such as compensation for pain and suffering, the victim must have sustained a serious and permanent impairment which rules out minor injuries.
Although our courts are very conservative with awarding compensation even if a claim goes to court, injured victims are entitled to make claims for the costs for lost wages, future health care and other compensations based on the unique circumstances of the injury.
Overlap of the Two Types of Benefits
There is some commonality between Accident Benefits and Tort Benefits and there can be some overlap. Both claims will be considered in tandem to determine the best course of action for the victim and their needs.
If you have been injured in a motor vehicle accident, your best course of action is to get the advice of a Grande Prairie personal injury lawyer. Having the skill and expertise of an expert will ensure that you get the compensation you deserve after an injury. Call the personal injury team at BILAB Law for a no-cost consultation to discuss your legal rights.