If a spinal cord injury in Alberta changed your life, you deserve to know exactly what compensation is available, how it works, and what sets these claims apart from every other accident case.
Public health covers your hospital stay, but you face a future of costs, missed work, and life changes no one budgets for. The good news is Alberta law recognizes this, and spinal cord injury claims break free from the usual payout caps and lowball offers. A Calgary spinal cord injury lawyer can break down where that money comes from, how to get every dollar you’re owed, and why acting fast changes everything.
For advice built around your situation, call MNH Injury Lawyers at (888) 664-5298.
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Every Dollar Source: Alberta’s Compensation System
Miss one, and you could leave money on the table.
Section B Benefits: Your First Stop
Section B is the “no-fault” benefit in every Alberta Standard Automobile Policy (SAP). This means you get paid whether you caused the accident or not. It won’t cover the entire extent of your future costs, but it puts real money in your hands right away.
- Medical and rehabilitation: Section B pays up to $50,000 for treatment like physiotherapy, occupational therapy, and counseling over two years. You don’t need to sue, just file forms and get the right documentation from your doctors.
- Disability income: If you can’t work, Section B pays 80 percent of your gross wages, up to $600 per week for up to 104 weeks. This keeps the lights on while you recover.
- Death and funeral benefits: If a spinal cord injury proves fatal, Section B pays lump sums to survivors and covers reasonable funeral expenses.
- Fast action required: You need to notify the insurer within 30 days and submit the proper AB-1 form. If you miss deadlines or paperwork, the insurer will use it against you.
Lawsuits: Full Value, No Soft-Tissue Cap
Section B pays fast, but it doesn’t cover the real price of a life-changing spinal cord injury. This is where filing a personal injury lawsuit—also called a “tort”—comes into play.
If a spinal cord injury put you in a wheelchair or left you with paralysis, your claim unlocks every category of damages Alberta courts recognize, with no soft-tissue cap limiting what you recover. We’ll explore this more in the next section.
Tort Damages: The Stuff that the Government Doesn’t Cover
Essentially, this is where you recoup all the costs that you can’t immediately get from Section B benefits. The courts don’t use a formula—they look at real losses, real futures.
Non-Pecuniary Damage Limits (“Pain and Suffering”)
Canadian courts set an upper limit for pain and suffering—about $450,000 in today’s dollars. Spinal cord injuries claim the highest awards because of the lasting loss of mobility, independence, and enjoyment of life. You don’t have to settle for less because an insurer says so.
What Is Included?
Past and Future Income Loss
Spinal cord injuries take away not just your ability to work, but sometimes your whole career. Alberta courts award compensation for both:
- Past wage loss: All missed pay from the accident to the time you settle.
- Future earning capacity: What you’re projected to lose over your working life, with professional vocational assessments and economic evidence backing up the numbers.
Future Care Costs
Recovery doesn’t end at the hospital doors. Spinal cord injury compensation covers:
- Wheelchairs, power chairs, and adaptive equipment.
- Home modifications, vehicle changes, and ongoing therapies.
- Paid attendants or personal care workers—whatever it takes to support independence.
Other Heads of Damage
You can also claim:
- Housekeeping and home maintenance: If you can’t do chores or home upkeep, Alberta law puts a real dollar value on the services you need.
- Out-of-pocket expenses and damaged property: This covers equipment, prescriptions, and anything else your injury made necessary.
- Loss of guidance, care, and companionship: If a loved one died due to a spinal cord injury, you recover this under Alberta’s Fatal Accidents Act.
- Punitive or aggravated damages: Alberta courts rarely award these, but they apply in cases like impaired or reckless driving where the defendant’s behavior demands punishment.
You’re not limited to a single claim. The law allows you to “stack” coverage, hunt for additional policies, and build the biggest claim possible. That’s where the next section comes in.
Coverage Stacking: Find Every Dollar Available
Alberta’s rules allow you to “stack” coverage, which means you dig through every available policy and collect from each one that applies. This is where your settlement grows from good to great.
Third-Party Liability Insurance
Every vehicle in Alberta carries third-party liability insurance. The minimum is $200,000, but most policies give $1 million or more. If the at-fault driver caused your spinal cord injury, you collect from their insurance first. In serious injuries, this base coverage runs out fast, so you keep looking for more.
SEF 44: The Secret Weapon
The SEF 44 Family Protection Endorsement is extra insurance that fills the gap when the at-fault driver’s policy runs dry. If your own policy has SEF 44, it boosts your payout up to your coverage limit, even if the other driver was uninsured or underinsured. This means your own insurer covers the difference, so you’re not left shortchanged.
Motor Vehicle Accident Claims Program
If you face a hit-and-run or the other driver has no insurance, Alberta’s Motor Vehicle Accident Claims Program covers up to $200,000 for injury victims. You still need to prove the accident and the other driver’s fault, but the safety net is real.
Dig Deeper for Additional Policies
Some cases involve employer insurance, rental car policies, or umbrella/commercial policies that also kick in. Lawyers know to look for every layer, but you can get a head start by saving insurance paperwork, accident reports, and any letters from adjusters. More sources mean more options.
Fault and Contributory Negligence: How Fault Impacts Your Claim
Alberta uses a comparative negligence system. This means your compensation matches the other driver’s share of the blame, but drops if you share responsibility.
How Fault Percentages Work
If the other driver is 100 percent at fault, you get the full amount. If the court finds you 20 percent at fault—maybe you weren’t wearing a seatbelt or you were distracted—your payout drops by 20 percent. You keep 80 percent of your total damages.
What Insurers Argue
Insurers try to blame you. Common moves include:
- Alleging you skipped medical appointments or therapy (“failure to mitigate”).
- Accusing you of distracted driving.
- Claiming improper seatbelt use.
- Pointing to risky activities on your social media.
Keep Your Share High
You protect your settlement by:
- Following your doctor’s orders and showing up to rehab.
- Keeping receipts, mileage logs, and care-related paperwork.
- Avoiding risky posts on social media that downplay your injuries.
- Documenting your limitations and needs honestly in a daily journal.
Proving Every Loss: The Evidence Pipeline
You don’t get full value without evidence. Your claim’s strength comes from medical records, professional reports, and airtight calculations.
Medical Backbone
A spinal cord injury claim relies on records from your doctors and neurosurgeons. They classify the injury, track your progress, and detail your care needs. Courts and insurers listen when medical experts lay out your limitations.
Functional Capacity Evaluations
A functional capacity evaluation (FCE) is a professional test of what you can do after your injury. It measures strength, endurance, and daily tasks, putting hard numbers on what’s changed.
Life-Care Planner Reports
A life-care planner builds a detailed roadmap of what you’ll need for the rest of your life—wheelchairs, mobility aids, home changes, personal care, and therapy. This is the foundation for calculating your future care costs.
Vocational and Economic Experts
These professionals put a dollar value on your lost earning capacity. They look at your job history, what you could have earned, and what new skills or jobs are realistic after injury. They also run economic forecasts, so your settlement reflects inflation, wage growth, and discount rates.
Structured Settlement or Lump-Sum
You have a choice between a lump-sum settlement (all at once) or a structured settlement (payments over time). Each has pros and cons. Structured settlements provide stable income and tax protection, while lump sums give flexibility but require financial discipline.
Timing Matters
Settling before your injury stabilizes risks underestimating your needs. Reaching “maximum medical improvement” (when doctors agree your condition won’t change much) gives the clearest picture of your future. In urgent cases, advance payouts for immediate costs keep you afloat.
Practical Moves That Protect Your Claim
Small steps make a big difference. Insurers pay close attention to your actions after the accident.
Save Everything
Receipts, medical appointments, pharmacy bills, transportation costs—track it all. Every expense is evidence. The more proof you have, the stronger your claim.
Follow Medical Advice
Stick to your doctor’s recommendations and show up for every appointment. Insurers use missed visits to argue you didn’t take recovery seriously.
Document Daily Life
Keep a journal. Write down pain levels, new challenges, mental health changes, and moments when you need extra help. These notes add credibility when you claim pain and suffering.
Watch Social Media
Insurers check your profiles. Skip the gym selfies or anything that suggests you’re back to normal. Consistency between your claim and your online life keeps your case solid.
Coordinate with Public and Private Benefits
If you collect Employment Insurance (EI), Canada Pension Plan Disability (CPP-D), or private disability payments, keep all paperwork. Lawyers review every offset so nothing slips through. This coordination ensures your final compensation isn’t reduced by surprise.
FAQ: What Compensation Is Available for Spinal Cord Injuries in Alberta?
It’s tough to put a single number on it. Every spinal cord injury lawsuit in Alberta follows its own timeline, shaped by factors like the severity of the injury, how long it takes for doctors to assess your long-term prognosis, and how much the insurer fights each category of damages. Some claims resolve in just over a year, while others stretch far longer—especially if liability is contested or future care needs aren’t clear.
The process can speed up when evidence is collected early and all parties are motivated to settle, but more complex or catastrophic injuries require patience. What matters is protecting your claim at every stage, so nothing gets missed while your future is on the line.
You still get paid. The SEF 44 Family Protection Endorsement on your own policy fills gaps, and the Motor Vehicle Accident Claims Program covers up to $200,000 for hit-and-run or uninsured drivers.
Yes. Alberta courts allow “in-trust” claims for family members who provide personal care or housekeeping. You track time and effort, then the law puts a fair market value on those services.
Workers’ Compensation Board (WCB) benefits apply if your injury happened on the job. Sometimes you still sue third parties—like a negligent driver from another company—while WCB recovers some costs from your settlement. The rules are technical, but you don’t lose your rights automatically.
Section B benefits cover immediate expenses, but Alberta law deducts these amounts from your final damages. Lawyers coordinate all sources, so you get the maximum possible net result.
Rebuild Your Future with MNH Injury Lawyers
You control your claim, your recovery, and your future.
Call (888) 664-5298 today for honest advice and relentless advocacy from MNH Injury Lawyers. A Calgary personal injury lawyer can ensure you deserve every dollar Alberta law provides—make sure you get it.
