A Canadian resident that has been injured in a car accident has the right to sue for statutory benefits. In order to win that particular case, the same resident would need to prove that the defendant had been negligent.
An alternative to suing the responsible party
The injured victim could file a claim through his/her car accident insurance company. Victims are allowed to take that action, regardless of what the facts might say, about who was at-fault for the reported accident. Personal Injury Lawyer in New Glasgow knows that Statutory Accident Benefits (SAB) are part of Canada’s provision for mandatory insurance coverage of the Canadian drivers on the road.
What benefits are available with SAB?
Income replacement, if the injured victim has been unable to be present at his/her workplace for 26 of the 52 weeks in the year.
Non-earner benefit: $185 per week given to those that were not working at the time of the accident.
For unpaid caregivers: $250 per week for a maximum, of 104 weeks.
Medical rehabilitation benefits: This includes ER expenses, transportation expenses and money for medication.
Attendant care benefit: For long-term care of injuries, if the injured victim does not qualify for any of the other benefits
Money for lost educational expenses
Money for housekeeping and home maintenance expenses
Does the injured victim need some sort of input from a physician, in order to receive SAB?
Yes, there are 2 sections to the claim form. The victim must complete one section. The victim’s physician must complete the other section. The physician could confirm or deny any of the claims that had been made by the injured victim.
Who receives the completed SAB?
The Canadian government has created a special agency. It is in charge of analyzing each SAB that comes from an injured Canadian citizen. It is supposed to ensure each Canadian resident’s right to mandatory insurance coverage, regardless of fault.
Does an injured Canadian resident have the right to seek money for pain and suffering?
A victim could sue for pain and suffering in he or she had suffered especially severe injuries. In that case, the victim would be allowed to sue the responsible party.
Still the same victim/plaintiff would be able to seek an award for only a limited amount of damages. Most provinces have put a cap on the amount of money that any plaintiff could get for pain and suffering, as the result of a personal injury lawsuit.
Some of Canada’s personal injury lawyers are trying to change that system. Each of them feels that their clients deserve more money, than what the government currently allows them to receive. Still, at this time, the rules about a cap on pain and suffering still remain in place.