Being in a car accident can leave you with traumatic memories. When you have been in an accident, there are many things running through your mind, especially when you have been injured. Many people aren’t aware that they can file for two claims when they have been in one motor vehicle accident. Reach out to a Personal Injury Lawyer Ottawa who will help you to file the claims for your accident benefits claim and a tort claim. Here is all that you need to know about it.
Accident Benefits Claim
This type of benefits claim is usually provided by one’s insurance provider. However, if you are a passenger or a pedestrian who doesn’t have insurance, it would be provided through another person’s insurance. Your personal injury lawyer will help you to understand how it will work in your case. These benefits have been laid down by the Statutory Accident Benefits Schedule (the SABS). These benefits are statutory in nature. It provides the injured drivers, passengers, and pedestrians with accidents accident benefits. It also includes those who were found to be at fault for their accident.
Clients who have been entitled to accident benefits also receive medical benefits, including physiotherapy, prescription medication, or chiropractic treatment. Some might also receive attendant care benefits and income replacement benefits if they have been unable to work after the accident. There are also non-earner benefits applied to those who are unable to carry out their normal pre-accident activities.
The tort claim is filed against the driver who was at fault and their insurance provider. This type o claim includes a claim for the pain and suffering inflicted on the victim due to the accident. It also includes lost income, loss of competitive advantage, attendant care, caregiving, out-of-pocket expenses, past, and future medical treatments. However, if you are at 100% fault for the accident, you can’t file for this claim.
Determining who is at fault is not always an easy task. Sometimes the driver who has been charged with an offense under the Highway Traffic Act can also file for a Tort claim. It is always better to contact a lawyer who will help you to figure out your claim and guide you through the process. Claims for general damages, which is compensation for the pain and suffering due to an accident, are just one part of the Tort Claim.To be able to file for a Tort claim, you need to experience one out of the following three situations :
- Permanent and/or serious disfigurement
- Permanent and severe impairment of an important mental, physical or psychological function
Contact a personal injury lawyer
Filing for a claim after having been in an accident can be an overwhelming task. It is always best to reach out to a personal injury lawyer who will help you to figure out which benefit claims you are eligible for and will be by your side fighting every step along the way.