Know The Difference Between A Tort And A Benefits Claim
If you have ever been involved in a personal injury accident, you have likely filed a claim with a personal injury lawyer. If you have won the claim, you have likely received one of two types of claims: tort and benefits. Do you know the difference between them? If you don’t read this article to find out.
If you get into a personal injury accident in Canada and successfully file a claim, the money you will receive will either be classified as tort or benefits. If you ask your personal injury lawyer in Montclair, the difference is between the two classifications, he or she will tell you the following:
Tort claims
If you were to get into a car accident and the other driver was at fault, you would be filing a tort claim. Tort claims are filed when the other party was at fault for the personal injury accident. These types of claims are crucial if you want compensation from the at-fault party.
Tort claims are on your side. What this means is that they can help you obtain the necessary money to help you. Your family and those you know to heal from the accident. For example, you can use the money to pay for doctor’s visits and related expenses, attendant expenses, and pain and suffering. You can pay for indirect expenses that result. A good example would be your electricity and utility bills. Finally, the money will cover lost wages, lost income, and it will pay for job retraining expenses.
Your personal injury lawyer will tell you that you can still file a tort claim against the other party even if you were partially responsible for the accident and hence, your injuries. You need to know that the payout will be reduced by the percentage by which you were found at fault. For example, a payout of $500,000 for a claim filed for an accident that you were 10% at fault for will be reduced by10% of $50,000. The percentage reduction is referred to as a ‘deductible.’
Claims benefits from accidents
Your personal injury lawyer will tell you that you can apply for claims benefits even if you were 80% at-fault. The money from these claims comes from insurers. Claims benefits funds pay for all expenses arising from injuries and deaths that are the result of personal injury accidents. Some examples of covered expenses include:
● Caregiver costs
● Medical cost
● Housekeeping costs
● Funerals
You should hire a personal injury lawyer in these instances. This professional can help you get the money you want and need by helping you fill out the necessary documents and submit them on time.
Personal injury lawyers make all the difference
Indeed, personal injury lawyers make all the difference in personal injury accident claims and cases because they can explain what various legal terms mean. They can also help you fill out the paperwork properly and submit it along with the necessary documents on time. This can make the difference between getting a paltry settlement and the settlement you want and need.