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When you are injured through the fault of others, you have a fundamental right to compensation. The law seeks to restore you, as much as it is humanly possible, to the status you enjoyed before you were injured. Even if you are injured and at fault, in Alberta you may be entitled to certain no fault benefits i.e. disability coverage through work, personal insurance or under your motor vehicle liability policy.
When you are injured you may be entitled to compensation under the following headings:
- Pain and suffering and loss of enjoyment of life also known as non-pecuniary damages: This is awarded for the disruption the injury caused to your life, your family and your happiness. It includes compensation for emotional distress, anguish and loss of companionship.
- Damages for Past Loss of Income: Compensation for the wages or self-employed income you lost by not being able to work from the date of the accident until your return to work or the trial or settlement.
- Damages for Future Loss of Income and Earning Capacity: This is for permanent injuries that may continue to interfere with your ability to work and earn income for the rest of your working life. For example opportunities to pursue certain career choices or promotions that may be delayed or compromised due to disability.
- Cost of Future Care: This includes all expenses you will incur after the date of trial or settlement which are medically justified. Future care may include the cost of medications, chiropractic, physiotherapy, counselling, home and workplace modifications, retraining, and any other expenses which will help you get on with your life.
- Loss of Housekeeping Capacity: This is compensation for the loss of your ability to maintain your home to the standard you were accustomed to before the accident.
- Services Provided by Household Members: This includes household, nursing and rehabilitative services provided by family members while you are disabled. This is compensation is only available where services go beyond the normal things people do for each other every day out of love and affection.
- Special Damages: These include all extra out-of-pocket expenses you incurred because of your injuries.
- Punitive, Exemplary and Aggravated Damages: These types of damages are awarded in cases where the conduct of the defendants was extreme and shocking.