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What’s The Difference Between Tort Claim And Benefit Claim? November 17, 2017

Having to go through an injury in an accident, regardless of its kind, could bring some particularly challenging financial hardship. However, working with a personal injury lawyer is capable of helping you out substantially and this is definitely something that you want to keep in mind.

With this said, most of the accidents are not included in the criminal code of Canada and your case is most likely going to fall within one of two categories: benefits claims and tort claims. Thus, what’s the difference between both? Answering this question is something that you ought to keep in mind and it is definitely something that you have to keep in mind. Before you talk with a lawyer, it would be fairly beneficial for you to be aware of these considerations. So, without any further ado, let’s have a look.

Tort Claims

A tort claim is going to get filed when there is another party who is at fault for the injuries you have sustained. This is a type of claim that is going to help you get the compensation from that party who’s been found at fault. The most common example which is given here is when you have been involved in a car accident which has happened because of the negligence of someone else.

Tort claims are going to help you, as well as your family and the ones you love to deal with the financial problems better. They are important when you don’t want to go through the insurance, but you want to claim compensation directly from the party at fault.

Benefit Claims

These are a little bit different. These are claims filed under the no-fault rule of the Insurance Act and they are going to directly impact the insurance company. This is something that you have to consider that when it comes to it. These claims are not designated to establish fault – they are designed to make sure that you receive the necessary monetary compensation.

The difference is definitely something that you want to keep in mind and be aware of. However, it is also something that you’d have to determine from the get-go. Typically, you will have the choice to file a simple benefits claim even if you are involved in an accident that’s caused by another driver. This is something particularly important. With this said, it is very critical to ensure that you work with a professional personal injury lawyer. He is going to ensure that your case is considered and handled efficiently. You will receive the compensation that you are legally entitled to, regardless of whether you want to file a tort or a benefits claim. Thus, the role of a personal injury lawyer in Spruce Grove in filing the claim and working on it is essential. That is why you need to work with a lawyer that is competent, experienced and has handled similar cases in the past.