Tort claim vs. no-fault benefits: two tracks, one recovery
After most Alberta accidents you have two parallel entitlements. No-fault accident benefits under an auto policy fund treatment and partial income replacement regardless of fault. The tort claim is your lawsuit against whoever negligently caused your injuries, and it is where pain and suffering, full income loss, and future care are actually compensated.
The two interact: benefits received can affect tort recovery, and strategic sequencing matters. Running both tracks properly is a core part of what we do.
What you must prove, and how we prove it
A negligence claim requires a duty of care, a breach of that duty, causation, and damages. In practice that means evidence: scene and vehicle documentation, witness statements, medical records connecting the injuries to the incident, and expert opinion where causation or standards are contested.
- Pain and suffering (general damages) for the injury itself and its effect on your life
- Lost income and lost earning capacity, past and future
- Medical and rehabilitation costs including physiotherapy, medication, and equipment
- Cost of future care for lasting injuries
- Housekeeping and loss of valuable services you can no longer perform
- Out-of-pocket expenses from mileage to childcare
Alberta Accident Law works on a full contingency basis: you pay nothing unless we win. There are no hourly rates, no retainers, and no bill if your claim does not succeed. Your case review is free, confidential, and carries no obligation, so finding out where you stand costs you nothing.
Suing in Red Deer
Red Deer injury lawsuits are heard at the Red Deer Justice Centre, in the Court of King’s Bench of Alberta. Smaller claims may proceed in the Alberta Court of Justice.
Under Alberta's Limitations Act you generally have 2 years from the date of the accident to start a claim, and some situations carry much shorter notice deadlines. Evidence also degrades quickly: skid marks fade, camera footage is overwritten, and witnesses forget. Red Deer injury lawsuits are heard at the Red Deer Justice Centre, in the Court of King’s Bench of Alberta. Smaller claims may proceed in the Alberta Court of Justice. The sooner we start, the stronger your position.