What Compensation Can I Claim After a Car Accident in Alberta?

If you've been involved in a car accident in Alberta, understanding the types of compensation you can claim is crucial to ensuring you're fully covered for your losses. The compensation you may be entitled to generally falls into two categories: Section B benefits and Tort claims.

1. Section B Benefits

Section B benefits are available to anyone injured in a motor vehicle accident, regardless of who is at fault. These benefits cover medical expenses, rehabilitation costs, and income replacement if you are unable to work due to your injuries. They also include coverage for funeral expenses and death benefits in the event of a fatal accident. This coverage is generally provided by your own insurer.

• Medical Expenses: This includes coverage for necessary treatments such as physiotherapy, chiropractic care, and prescription medications. The amount covered is subject to limits outlined in your insurance policy.

• Income Replacement: If your injuries prevent you from working, you may be eligible for income replacement benefits. Typically, this covers 80% of your net wages up to a maximum weekly amount.

• Death Benefits: In the unfortunate event of a fatality, Section B benefits provide compensation to the deceased's family to cover funeral costs and provide a lump sum death benefit.

To access Section B benefits, a medical practitioner must complete specific forms that provide details about your injuries and the required treatments. The most crucial form is the AB-1 form, which must be filled out and submitted to your insurance company. Your doctor will also complete the AB-2 form, outlining your treatment plan, and the AB-3 form, which details your progress and any ongoing needs. These forms are essential for your insurer to assess your claim and determine the benefits you are entitled to receive.

2. Tort Claims

If the other party was at fault for the accident, you might be able to file a tort claim to seek additional compensation. This claim can cover damages beyond what is provided under Section B benefits, including:

• Pain and Suffering: Compensation for the physical pain, emotional distress, and loss of enjoyment of life resulting from your injuries. The amount awarded depends on the severity of your injuries and their impact on your life.

• Loss of Income: If your injuries have long-term effects on your ability to work, you can claim compensation for past and future loss of income not compensated by Section B benefits. This includes any reduction in your earning capacity.

• Loss of Household Duties: If your injuries prevent you from performing household duties, such as cleaning, cooking, or childcare, you may be entitled to compensation for the cost of hiring someone to perform these tasks. This claim covers both past and future loss of ability to manage household responsibilities due to the accident.

Conclusion

Navigating the process of claiming compensation after a car accident in Alberta can be complex, but understanding your rights is the first step toward securing the financial support you need to recover. At Stem Law Office, our lawyer is here to help you understand your options and pursue the compensation you deserve. Contact us today for a free consultation and let us guide you through this challenging time.

Mitigation of Damages: It’s essential to mitigate your injuries and damages after an accident, meaning you must take reasonable steps to minimize the impact of your injuries. This includes seeking prompt medical treatment, following your doctor’s advice, and avoiding activities that could worsen your condition. Failing to mitigate damages can negatively affect your tort claim, as the court may reduce your compensation if it determines that your actions (or lack thereof) contributed to worsening your injuries. To mitigate effectively, attend all medical appointments, adhere to prescribed treatments, and keep detailed records of your recovery process.