What Is The Difference Between A Tort Claim And A Claim For Benefits?

If you have sustained injuries in any type of accident, this is definitely something that you’re not looking back to. It’s a challenging situation which oftentimes leads to serious financial hardship. Working with a personal injury lawyer, however, would allow you to act in a manner which would guarantee that you get the necessary outcome. This is quite important.

You should know that the wide majority of accidents are included in the Criminal Code of Canada. Your case is likely to fall within the category of a benefit claim or a tort claim. It would actually be very beneficial for you to be aware of the type of case that you have so that you can fully understand what your lawyer will be able to provide you with. Here are the two most common ones: tort claims and benefit claims.

Tort Claims

This is filed when there is another party that is liable for your injuries. For instance, if you’ve been involved in a car accident and there is another driver involved that had caused the accident; you would be able to sue for compensation under a tort claim. These could help you as well as your loved ones, deal with financial hurdles, as well as the pain and suffering which has been consequential of your accident.

Benefit Claims

As per the “no fault” rule of the province of Ontario, anyone who has been allegedly involved in a car accident can easily apply for those benefit claims, without a regard to fault. These are claims which are filed towards the insurance company. These are going to help you recover medical costs, funeral expenses, and caregiver and housekeeping expenses as well. Working with a personal injury lawyer is definitely going to help you out.

You might be wondering how exactly a lawyer can actually help you. Well, for once, he is going to structure the documentation in a manner which is acceptable. He will research your case and make sure that the most appropriate approach is taken. He is going to represent you in front of the necessary institutions or third-parties and he’s going to make sure that your rights are legally protected. The lawyer will help you in negotiations and will ensure that you get what is rightfully entitled to you.

Failing to work with one, on the other hand, could easily lead to an undercut or undervaluing of your claim’s worth. That’s what the insurance companies do – that’s what they are good at. With this in mind, you must be able to retaliate properly and to defend yourself with all means necessary. Hiring the services of a good lawyer that has represented.

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