Tort claims are pursued against the at-fault driver involved in a car accident. This claim helps cover the injuries, pain and suffering plus other injuries inflicted as a result of the accident. If your injuries have crossed a pre-defined threshold, tort claims come into force.
As per the automobile legislation, a victim can sue and file for tort claims if there are:
The tort claims damage awards are subject to $30,000/- deductible. If the damages cross $100,000/- then it does not come under the $30,000.00 deductible. Furthermore, you can also sue the other party for future lost income, body impairment, business losses, loss of competitive advantage, work-place loss, home maintenance losses etc. All these claims can be filed even if you do not meet the threshold and do not come under the $30,000.00 deductible.
Understanding a Tort Claim in Detail
Alberta legal system works to ensure that tort action claims are limited compared to more serious claims. Thus, deductibles are applied when claimed under the pain and suffering clause. This deductible depends on the accident date and is significant compared to the claim amount. However, when the general damages cross certain threshold, the court has the right to waiver the deductible.
When filing for tort claim to sue for pain and suffering, the victim must have proof to show that his/her injuries have crossed a certain level of physical or mental impairment. This is defined as the ‘threshold’. The exact value of this threshold is constantly evolving due to the consistent number of cases handled by the judiciary. It further depends on the Insurance Act regulations.
Important steps to Tort Claims
Our Personal Injury Lawyer in Edmonton is here for you. We understand that the days after an accident are confusing at the very least. People often approach car accident tort claims too late. Consult with our experienced lawyer to protect your legal rights.