The Difference Between a Tort Claim and Benefit ClaimSeptember 19, 2016
Sustaining an injury in an accident of any kind can bring on serious financial hardship. But by working with a personal injury lawyer, you’ll have the knowledge you need to properly collect the damages you’re entitled to. Most accidents are not included within the Canadian Criminal Code and your case will fall into one of two categories: tort claims and benefits claims.
Before talking with your lawyer, it can be helpful to know the difference between a tort claim and benefit claim so you fully understand what they have to say about your case. In this blog post, you’ll learn about these types of claims so you can better understand the legal process.
A tort claim is filed when another party is at fault for your injuries. This type of claim will help you receive compensation from that party. For example, if you’ve been injured in a car accident, the at-fault driver may be sued under a tort claim. If you’ve fallen due to a property owner’s negligence, that person may be at fault and can be sued.
Tort claims can help you, your family, and your loved ones better deal with financial problems as well as pain and suffering that has resulted from your accident. A tort settlement will cover health care expenses, attendant costs, and even stress and mental health issues that result from the injury. They can also help you pay for expenses that directly occurred because of the accident, compensate you for loss of income or earning ability, or help you pay to be trained for a new type of job if your injuries prevent you from continuing with your existing job.
It’s important to understand that even if you are partially at fault for the injuries you sustained, you can still file a tort claim. There’s just once catch: it will be reduced by a deductable depending on the degree to which you were at fault. For example, if your pain and suffering compensation is determined to be $5000 but you are found to be 50% responsible, you’ll receive $2500.
Claims for Accident Benefits
Anyone involved in an accident can apply for benefit claims, regardless of fault. These claims, which pay for costs that derived from injuries or death, are against insurance companies.
Benefit claims will be paid by your insurance company to help you pay for expenses incurred for caregivers, medical costs, housekeeping, and funerals.
Working with a lawyer will ensure that you get paperwork in on time and properly complete the application for benefits. Good lawyers also have experience negotiating with insurance companies, so they can help you make sure you get a fair settlement.
How a Personal Injury Lawyer Can Help You
Even if you aren’t sure whether you’ll file a lawsuit, it’s a good idea to contact a personal injury lawyer immediately after your accident. Most lawyers offer a free consultation where they explain the strengths and weaknesses of your case and help you better understand your rights and the compensation you’ll be entitled to. It’s important to contact a lawyer right away in order to receive maximum compensation for your injuries. A good lawyer will also help you file a tort claim, a benefits claim, or both.
If you’ve been injured in an accident and want to discuss your tort or disability claim, book a free consultation with a personal injury lawyer today.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.