I hear my accident lawyers using the terms “tort claims” and “accident benefit claims”. What’s the difference?

Injuries can happen to anyone, and when they do it can be a nightmare for both you and your family bringing on both physical and financial hardship. Fortunately, when you enlist the help of a personal injury lawyer, they can help relieve that financial pressure by helping you apply for and collect accident claims.

When your lawyer speaks to you about accident claims they will recommend that you apply for accident benefit claims, bring a tort claims – or do both.

Accidents are just that – accidents. And as such, they do not, in most cases, fall under the Criminal Code of Canada. While crimes such as drunk driving may cause accidents, it is far more common for accidents to be caused by errors in judgement or other mistakes. The laws governing such mistakes fall into two categories.

Tort Claims

Tort claims have to do with receiving compensation from at fault parties. They are intended to help your family and loved ones through the pain and suffering that they endured as a result of the accident. Tort claims may take expenses such as health care costs into consideration, but they can also include mental anguish and stress.

Tort claims may also be made to offset expenses that were incurred as a direct result of the accident as well as to compensate the victims for lost income as well as lost ability to earn an income, or even for funding for re-training if you are unable to go back to your former employment.

If you are partly at fault for the accident you may still make a tort claim. However, to the degree that you were at fault, there will be a deductible. For example, say you were in a car accident and it was deemed that you were 20% responsible. If it is determined that your pain and suffering is worth $10,000, there will be a 20% deductible and you will receive $8,000.

Accident Benefit Claims

Accident Benefit claims may be applied for by anyone who was in the accident. It doesn’t matter who was at fault – which is why they are also called no-fault benefits. These are claims against insurance companies and their purpose is to off-set costs associated with injuries or death resulting from an accident. Among the costs that accident benefit claims can help with are treatment expenses, medical bills, income replacement, and funeral costs. These claims will be paid by your own insurance company regardless of who is at fault. Your personal injury lawyer will be able to help you through the application process.

Question: How Personal Injury Lawyer Helps with Accident Claims?

The time following a personal injury can be hectic and confusing. You will want to make sure that you receive all the benefits that you are entitled to, but it is not always easy to know which kind of accident benefits you are entitled to and how much it is possible for you to collect. Fortunately, your personal injury lawyer is an expert in these matters and has been through this with other clients many times. They will help you at each step of the process to ensure you get the accident benefits that you are entitled to.

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