1-800-920-8165
All claims call attention to the losses suffered by a given plaintiff. Both tort claims and benefit claims arise from a plaintiff’s awareness of a financial loss. Yet while each claim’s goal stays focused on compensation for such losses, the two of them propose very different strategies for delivery of that same compensation.
Primary features of a tort claim
In those situations, where an injured victim files a tort claim, a plaintiff alleges negligence on the part of a defendant. If the accident has taken the form of an automobile collision, the defendant would be a second driver. If the accidental occurrence were an unexpected fall, the defendant would be the owner of the site where the plaintiff fell down.
Once filed, the claim represents a request for money, which can compensate the victim for his or her financial losses. Some of those losses have taken the form of money, which was used to cover medical expenses. Others have resulted from the plaintiff’s inability to return to the workplace. The plaintiff’s absence showcases the sudden disappearance of an anticipated earning power.
What is the source of funds that can compensate a given plaintiff? It comes in the form of money offered by the defendant’s insurance company. The same company has the right to investigate the veracity of the plaintiff’s claims.
Primary features of a benefit claim
Both plaintiffs and defendants have the right to file a benefit claim. Benefits available from their own insurance company can go to any accident victim, even those that might be held partly or entirely at fault. Like a tort claims, the claimed benefits with the personal injury lawyer in Kingston seek to return the victim to the point where he or she was before the accident.
If the victim held a job before the accident, then some of the benefits must go towards the victim’s recovery. Ideally, the recovered victim will stand prepared to return to the workplace. Obviously, a medical treatment could aid the recovery process. In addition, the injured victim might need to take part in a rehabilitation program.
Comparing the two types of claims with their timelines
Tort claims and benefit claims do not have the same timelines. Neither do they have the same consequences for failure to meet the established timeline. A government body establishes the timeline for tort claims. An insurance company dictates the timeline that needs to be followed by its policy holders.
If a policy holder fails to meet a deadline, the insurer can refuse to honor the submitted claim from that same policy holder. If an accident victim fails to meet a deadline, the appropriate court system can block progress towards acquisition of monetary compensation, regardless of the strength of the plaintiff’s claims.