Car Accident & Tort Claim Lawyer Edmonton

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:

  • Severed body part(s) or permanent impairment of certain body function(s)
  • Permanent serious body disfigurement
  • Extreme mental or psychological trauma
  • If the accident resulted in the death of a family member.

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

  • The victim must send a formal written notice to the at-fault driver within 120 days of the accident clearly stating the intent of suing the at-fault driver. It can also be sent to the faulty driver’s insurance company.
  • The notice should be accompanied with complete medical proof plus medical costs information. The rules may require you to sign a sworn statement stating the true circumstances leading to the accident and the injuries.
  • Injured person or the victim must file for accident benefits.
  • There are two types of economic losses – Pre-trial Economic Losses and Post-settlement Economic Losses. So, it is vital that your case is moved forward to increase the recovery value.
  • If you do not file a tort claim within a period of 2 years, you may lose your right to file an accident tort claim.
  • For early settlement, you can approach the at-fault driver’s insurance company to settle the case before proceeding to a court trial.

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.

Get in Touch with our experienced lawyers today to file a tort claim.