It can take as little as a few days to several years to settle a car accident claim in Alberta. The main factor that drives the length of time it takes a file to settle a claim in Alberta is how long it takes a person to recover from their injuries. Since each person recovers at a different pace, this is why there is so much variance from one file to the next. Claims in Alberta are typically settled once a person is either fully recovered, or, reaches “maximum medical recovery”, which means the person has recovered as much as they possibly can from their injuries.
Generally speaking however, many people recover from their injuries within two years, meaning their claim can be settled around the two-year mark after their accident. This is not set in stone however, and again, as discussed, is entirely circumstantial upon a given person’s experience.
The law on recovery periods
Our Alberta courts have identified that, generally speaking, some injuries are of a lesser nature in that the person injured can expect to be fully recovered from them after a few short months, so long as they are pursuing all the appropriate treatments that are recommended to them by their doctor, such as physio, massage, chiro, and more. However, there are some types of injuries that no matter how well the person is doing in terms of following their recommended treatments, the recovery will still take quite a bit of time – several months or more. See McLean v Parmar for more discussion about “chronic pain” as well as examples of expected recovery times. Additionally, while you are recovering from your injuries, there might be other types of losses you are also experiencing at the same time, that would need to be measured and accounted for with supporting documents or evidence. These could include:- Loss of income – for time off work while you recovered;
- Loss of income earning capacity – if your injuries will permanently impact your ability to work and earn income;
- Future cost of care – if your injuries will require further treatment for the continued foreseeable future after your file settles;
- Loss of housekeeping capacity – for your lessened ability to keep up with chores, groceries, and other activities of daily living while you recovered;
- Specials – out-of-pocket costs for items or treatment for the accident that were not already reimbursed to you;
- and more.
