Car Accidents and Damages in Edmonton, Alberta

Information on how to seek damages for vehicle-related accidents in Alberta

It’s common knowledge that if you are injured in a car accident and you are at no fault, then you want to sue the at-fault party for your injuries, but you can not do just that? Well, it is unbelievable in your country’s law. However, this is a truth in Ontario, a place of difficult-to-understand car insurance system which limits the ability of the injured person to sue with a lot of restrictions.

There are a number of restrictions in Alberta on an injured person’s ability to sue for injuries and damages from an accident. One restriction is known as the “threshold”.The threshold is a legal test that an injured person has to meet in many cases to be able to claim for some types of losses, such as pain and suffering. If you do not meet the threshold, then, in many cases, you are not entitled to anything for pain and suffering. The threshold does not apply to everything (ie: income losses). To meet the threshold, the test is often, whether or not the injured person sustained a “permanent, serious impairment of an important physical, mental or psychological function”.

These words are interpreted by statutes and case-law. Another restriction on an injured person’s right to sue is the “deductible”.The deductible is an amount of money that, in many cases, is subtracted from whatever amount your pain and suffering is worth.  There is a statue of limitations on car/vehicle accidents in Alberta – for more information on the law in Alberta click here.

You may also benefit from the Court of the Queen’s Bench Vehicle Claims Act available here.

So, that means that if your pain and suffering are valued at $50,000, then, if the deductible applied, the amount would be reduced by $30,000, leaving only $20,000. The deductible does not apply to pain and suffering that is assessed at more than $100,000 and there are a number of other exceptions. It is best to consult a lawyer in Edmonton about these issues so that you fully understand your rights.

Please note: This article is not legal advice, please contact a lawyer for assistance if you have been injured in a car accident

The post Car Accidents and Damages in Edmonton, Alberta appeared first on Right Legal.

Car Accidents and Damages in Edmonton, Alberta posted first on https://www.rightlegal.ca/