Personal injury law has a specific language where terms like “tort claims” and “A/B claims” are common. The definitions of these terms may be obvious to anyone with a legal background, but to those outside the legal world these terms can be confusing. What do these legal terms mean, and what more specifically, what are the differences between tort claims and accident benefits claims?
While both tort claims and accident benefit claims seek recourse for harm suffered by an individual, they represent contrasting legal concepts with unique characteristics and applications.
The team at Bergel Magence takes pride in helping our clients get a clear understanding of their personal injury claims. That’s why we created this blog. We’ll provide an overview on tort claims and A/B claims, giving clear definitions, while explaining the similarities and differences between the two, to help you understand the difference between tort and accident benefit claims.
Tort Claims vs A/B Claims – What are the Differences?
What are Tort Claims?
Tort claims are regarded as the backbone of civil litigation. These claims address wrongful acts or omissions that result in damage to property or people, which may cause injury or loss to someone. As a result, the individual experiencing the loss or damage may seek compensation.
Tort law focuses on the principle of the duty of care. This requires individuals to always exercise reasonable care to prevent harm to others. When a breach of this duty of care occurs resulting in injury or loss to someone, the injured individual can pursue a tort claim to seek compensation for damages incurred.
In most tort claims, the effected individual must attempt to prove these four basics elements:
Duty of Care – The person who has been accused of committing the offence (defendant) owed a duty of care to someone to avoid unreasonable risk of harm to someone.
Breach of Duty –The person who has been accused of committing the offence (defendant) breached their duty of care through conduct that was either negligent or wrongful.
Causation: The defendant’s breach of duty of care directly lead to the plaintiff’s injury or loss.
Damages: The plaintiff suffered actual harm or loss due to the defendant’s actions.
What is Accident Benefit (A/B) Claims?
A/B claims exist to make sure that individuals injured in motor vehicle accidents receive timely and proper compensation for their injuries. These benefits are provided by the injured party’s own insurance company or the insurance company of the car owner of the vehicle they were in at the time of the accident.
An A/B claim (accident benefit claim) is an insurance claim filed by an someone injured in a motor vehicle accident. In Ontario, which has a no-fault insurance system, A/B claims provide coverage that includes medical expenses, rehabilitation costs, lost income, along with other related expenses. It’s important to note that because of it being no-fault, most coverage is provided regardless of who was at fault for the accident.
Accident benefit claims cover a wide array of expenses and losses which stem from the accident. These can include:
Medical and Rehabilitation Costs – These may include medical treatment, rehabilitation services, physiotherapy, chiropractic care, and any assistive devices that are necessary for recovery.
Income Replacement Benefits – The individual that was injured in the accident may be entitled to receive income replacement benefits to offset lost wages or earnings if they’re unable to work because of the accident.
Caregiver Benefits – The injured individual might be eligible for caregiver benefits if they require assistance with activities related to daily living due to their injuries.
Attendant Care Benefits – Professional or non-professional attendant care services required because of the accident-related injuries may be covered.
It is incredibly important to retain the services of a personal injury law firm when injured in a serious accident. Filing accident benefit claims involve detail and nuance. There may be specific timelines and procedures for filing for accident benefit claims, and failure to adhere to these requirements can result in delays or denial of benefits. Only a reputable personal injury firm can help you get the full compensation you are entitled to under the law.
In conclusion, both tort claims and A/B claims share similarities but are quite different. While they both involve seeking compensation for harm suffered, there are multiple important differences that distinguish them from one another:
Type of Claims: Tort claims address civil wrongs where an individual seeks compensation for damages caused by negligence or intentional harm. Accident benefit claims provide coverage for medical expenses, rehabilitation costs, and other expenses specifically for motor vehicle accidents under a no-fault insurance system.
Legal Framework: Tort claims require the injured party to prove fault or liability on the part of the defendant. Accident benefit claims operate under a no-fault insurance system, providing compensation regardless of who was at fault for the accident.
Scope of Coverage: Tort claims include a wide range of injuries and damages beyond motor vehicle accidents. These can include medical expenses, lost income, and pain and suffering. Accident benefit claims are solely associated to expenses directly related to injuries sustained in motor vehicle accidents. These claims include medical treatment, rehabilitation services, and income replacement benefits.
Process and Procedure: Tort claims involve legal proceedings to establish liability, including investigation, negotiation, and potentially litigation in court.
If you have been injured in a serious accident, Bergel Magence can help you get the compensation you may deserve. Bergel Magence is one of Toronto’s oldest personal injury law firms in Toronto and has an unparalleled history of helping clients navigate their legal options after an accident. Contact Bergel Magence today at 416-665-2000.
