If you or one of your family members has recently been injured in an auto accident, you may have questions regarding who you can sue for compensation. Most cases of this type can be fairly complex in nature and require the legal expertise of an experienced personal injury lawyer. The following will give you a better idea of who you can sue for compensation in a personal injury claim.
You’re entitled to Accident Benefits
Like other Canadian provinces, Alberta auto insurance policies provide some protection for lost income and medical expenses. Regardless of who caused the collision, you’re entitled to these benefits from your insurer. These are more commonly referred to as “no-fault” or “Section B” benefits and are capped at 80% of your weekly income or $400, whichever is the lower amount of the two; medical expenses are capped at $50,000. However, in cases involving severe or catastrophic injuries, they may be extended. Your lawyer will consider all aspects of the claim and ensure that you get the maximum amount that you are eligible for. They will look at the evidence and proof to judge the merits of the claim and represent it accordingly. Additionally, they will deal with law enforcement and the insurance adjuster with equal ease is that you don’t have to worry about it.
When Accident Benefits aren’t enough
If you’ve sustained injuries in an accident that was caused by someone else’s careless or negligent actions and your accident benefits will not cover the cost of your medical care and treatment, you have two choices. You can recover compensation from the at-fault driver’s insurer or from them personally in a personal injury lawsuit. These cases often settle out of court if negligence is obvious. But in some cases, it can take considerably longer to settle, if the case goes to court and prove negligence.
Additional Considerations
There are cases where an accident injury victim is entitled to take legal action against a fellow employee or the company they are employed by. In other cases, your accident and injuries may have been caused by a dangerous construction zone, poor signage, poorly maintained roads, or unsafe road condition. In these cases, it may be prudent to name the municipality as the defendant in a civil suit or personal injury lawsuit. However, your lawyer will be able to know better and advise accordingly.
For additional information regarding who you can name in a personal injury lawsuit or to find out if you have a valid claim for benefits and damages, you should seek the legal advice of an experienced personal injury lawyer in Sherwood Park.