What types of compensation can I receive after an MVA?
A: In Alberta, if you are involved in a motor vehicle accident (MVA) and suffer injuries or damages as a result, you may be entitled to various types of compensation. The purpose of compensation is to help you recover from the physical, emotional, and financial impacts of the accident. Hiring an experienced personal injury lawyer, such as Kantor LLP Personal Injury Lawyers, can help ensure that you receive the appropriate compensation for your specific situation.
There are two main categories of compensation available for MVA victims in Alberta:
1. Accident Benefits (Section B Benefits): These are no-fault benefits provided by your own auto insurance policy, meaning you are eligible for these benefits regardless of who is at fault for the accident. Accident benefits include:
a. Medical and rehabilitation expenses: These cover reasonable and necessary expenses related to your treatment, care, and recovery, such as physiotherapy, chiropractic treatment, medication, and medical equipment.
b. Income replacement benefits: If you are unable to work due to your injuries, you may receive a portion of your lost income (up to a specific limit) for a certain period.
c. Funeral and death benefits: If a loved one dies as a result of the MVA, the family may receive financial assistance for funeral expenses and a death benefit payment.
d. Disability benefits: If your injuries result in permanent disability, you may receive additional financial support.
2. Tort Compensation: This category of compensation depends on establishing fault in the MVA. If the other party is found to be at fault, you may seek damages from their insurance company or directly from the at-fault party. Tort compensation can include:
a. Pain and suffering: This is compensation for the physical pain, emotional distress, and decreased quality of life you may have experienced as a result of the accident. The Supreme Court of Canada has set a cap on the amount that can be awarded for pain and suffering in personal injury cases.
b. Loss of income and earning capacity: If your ability to work has been impacted by the accident, you may be compensated for lost wages, both past and future. This may include compensation for any reduction in your ability to earn income in the future due to your injuries.
c. Cost of care: This covers any expenses related to ongoing care or assistance that you may require as a result of your injuries, such as home care, personal support workers, or modifications to your home.
d. Loss of consortium: If the accident has negatively impacted your relationship with your spouse or partner, you may be entitled to compensation for loss of companionship, affection, and support.
e. Out-of-pocket expenses: This includes any additional costs you have incurred as a result of the accident, such as transportation to medical appointments or hiring help for household chores.
Each MVA case is unique, and the types and amounts of compensation you may be entitled to will depend on your specific circumstances. It is essential to consult with an experienced personal injury lawyer, like Kantor LLP Personal Injury Lawyers, to ensure that you receive the maximum compensation you are entitled to under Alberta law.