ARTICLE
6 August 2024

Personal Injury Claims In Alberta: A Solution For Mitigating Damages

BF
BridgePoint Financial

Contributor

BridgePoint Financial has been the leader in Canada's litigation finance market since 2005, providing innovative and value-added funding solutions with an unwavering focus on client service. Our financial products include: Settlement Loans, Inheritance Loans and Estate Practice Financing, Family Law Funding, Law Firm Funding, Expropriation Financing, Commercial and Class Action.
Over the past few years, navigating a personal injury claim has become increasingly challenging in Alberta, as insurance adjusters deny treatment, and the treatment facilities...
Canada Alberta Litigation, Mediation & Arbitration

BridgePoint's Treatment Financing Solution

Over the past few years, navigating a personal injury claim has become increasingly challenging in Alberta, as insurance adjusters deny treatment, and the treatment facilities are reluctant to run an account. The Alberta government is also attempting to institute "no fault insurance" which will remove the right to sue for pain and suffering.

As of November 1, 2020, a person is entitled to $50,000 for medical payments in relation to treatment under their auto policy. However, under accident benefit coverage, a person with what is deemed a "common MVA injury" will be subject to a supplementary limit of $2500 to $5,000 for med-rehab over the course of 3 to 6 months. No injured person will have access to more than $5,000 for treatment unless the injury falls outside what is considered common (this must be determined by a physician) in addition to this, the insurer must agree with this opinion as well. These amounts are unfortunately a small portion of the current $50,000 limit. In the majority of cases, this falls woefully short of what injured individuals require to successfully recover from their accident-related injuries. To add insult to injury, these benefits are terminated at the two-year anniversary of the car accident, leaving an injured person responsible for the funding treatment necessary for recovery at a time when they can least afford it.

BridgePoint's Treatment Financing is designed specifically for these types of scenarios with the objective of ensuring that injured individuals can continue their necessary treatment regime. Financing can be utilized for any treatment-related services, medical devices, dental treatment and private surgeries or procedures.

Covering treatment costs now. Payment at settlement.

Unlike our standard settlement loans, treatment loans are typically administered by counsel. Available as a lump sum, funds are advanced to the law firm's trust account to cover ongoing treatment expenses as incurred, or structured as a credit line where BridgePoint pays treatment providers directly, subject to counsel's instructions.

Our Treatment Financing is designed to maximize the prospects of recovery of the financing costs incurred pursuant to precedent decisions. To that end, a key feature of the program is the BridgePoint term sheet that we offer to accompany the notice to the defendant. It sets out the terms of the treatment loan and can be used to put the tort insurer on notice that they will be seeking repayment, not only the cost for treatment, but also the interest associated with the loan.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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