A car accident can turn your life upside down in seconds, physically, financially, and emotionally. Understanding what car accident injury compensation is meant to cover can help you take the right steps to recover your losses and protect your future.
At Braithwaite Boyle, our team has guided thousands of Albertans through the aftermath of motor vehicle accidents (MVAs), helping them understand their rights and secure fair compensation.
Understanding Your No-Fault Accident Benefits
In Alberta, every driver is entitled to no-fault accident benefits under the province’s Auto Insurance Regulation 352/72 (Section B), no matter who was at fault. These benefits provide immediate financial support after a crash and typically include:
- Medical and rehabilitation costs (up to $50,000) for reasonable and necessary treatment
- Disability benefits (up to $400 per week or 80% of your average income) if you cannot work
- Funeral expenses and grief counselling for family members in fatal accidents
- Care and housekeeping costs if you need help with daily activities
To qualify, you must notify your insurance company within 30 days of the accident and submit the required documentation within 90 days.Missing deadlines or providing incomplete records could result in denied benefits, which is why speaking with an MVA lawyer in Alberta early in the process can make a real difference.
If you have been injured in car accident and were found not at fault, book a free consultation with an accident injury lawyer at Braithwaite Boyle today.
Action in Tort Against an At-Fault Driver
If you have been injured by the fault of a third-party driver, the driver’s insurance policy will provide third-party liability coverage for your claim. The insurer is liable to pay out the actual amount of your losses arising from the accident, provided that liability against the driver is proven, and/or admitted. Often, litigation will need to be commenced (i.e., a court action must be started) before a settlement will be reached with the third-party insurer. This is a tort claim for damages as a result of the negligence of the at-fault driver.
The losses that may be compensated are actual losses above and beyond the amount available under the no-fault scheme in an accident injury claim, such as:
- medical and rehabilitation expenses that are reasonably necessary;
- income loss, including past and future lost wages;
- housekeeping costs;
- attendance care expenses; and
- other costs associated with your injuries.
Tort law also allows for additional compensation, namely:
- “general damages”
General damages compensate for non-pecuniary damages, such as pain and suffering. The amount awarded depends on the severity of the injury, but it can be as high as approximately $350,000 in the most extreme cases.
Unfortunately, there will often be some disagreement with the defendant’s insurer as to which expenses are reasonably necessary, the severity of the injuries, and the actual losses incurred. By hiring an Alberta accident injury lawyer, you can expect fair compensation for your claim. It is important not to speak with anyone other than the police and your lawyer regarding the motor vehicle accident, however.
- medical and rehabilitation expenses that are reasonably necessary;
- income loss, including past and future lost wages;
- housekeeping costs;
- attendance care expenses; and
- other costs associated with your injuries.
Tort law also allows for additional compensation, namely:
- “general damages.”
General damages compensate for non-pecuniary damages, such as pain and suffering. The amount awarded depends on the severity of the injury, to an absolute maximum of approximately $350,000 in the most extreme cases.
Unfortunately, there will often be some amount of disagreement with the defendant’s insurer as to which expenses are reasonably necessary, the severity of the injuries, and the actual losses incurred. By hiring an Alberta accident injury lawyer, you can expect fair compensation for your claim. It is important not to speak with anyone other than the police and your lawyer regarding the motor vehicle accident, however.
Car Accident Injury Compensation in Cases of Death
No one wants to think about the possibility of dying, or a loved one passing on in a car accident, but it is important to understand how compensation is treated in such cases. When a person dies, the amount of compensation awarded will be substantially lower than when a person survives, since there will be no requirement for the person to attend for medical treatments or rehabilitation. Similarly, no loss of income will be payable, since the person is deceased and no longer requires the money to support their continued existence.
In cases of death, family members may pursue a claim pursuant to Alberta’s Fatal Accidents Act (the “Act”). In such cases, the following types of compensation are accessible:
- expenses incurred for the care and well-being of the deceased person between time of injury and death;
- travel and accommodation expenses incurred in visiting the deceased between time of the injury and death;
- expenses of the funeral and the disposal of the body of the deceased, including all things supplied and services rendered in connection with the funeral and disposal;
- fees paid for grief counselling that was provided for the benefit of the spouse, adult interdependent partner, parent, child, brother or sister of the person deceased.
Under the Act, an amount is also available to family members for their grieving and suffering. The legislation is reviewed every 5 years, and the amount available is adjusted. Currently, $82,000 is payable to the spouse or adult partner of the deceased, the same to the parent or parents of the deceased person to be divided equally, and $49,000 is payable to each child of the deceased person.
Family members may also have a claim against an at-fault driver for the deceased’s loss of income where it can be shown that the family member or partner was completely dependent on the deceased’s income. It is wise to speak to a personal injury lawyer to understand the likelihood of success on such a claim in each particular case.
Why Legal Help Matters After a Car Accident
Car accident injury claims often involve insurance negotiations, medical assessments, and strict legal timelines. Without proper guidance, it’s easy to overlook compensation you’re entitled to.
A car accident injury lawyer helps you:
- Understand every category of compensation available to you
- Gather medical and financial documentation
- Negotiate with insurers for full and fair recovery
- Avoid costly mistakes that could impact your claim
Speak With a Car Accident Injury Lawyer in Alberta
If you’ve been injured in a car accident in Edmonton, Calgary, or Red Deer, don’t wait to understand your rights. The sooner you act, the easier it is to preserve evidence, protect your claim, and access the benefits you’re entitled to.
Contact Braithwaite Boyle today for a free consultation. Our car accident injury lawyers will walk you through your options, explain what compensation may apply to your case, and help you take the next step toward recovery.