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Calgary Personal Injury Lawyers
Preszler Injury Lawyers

Glossary of Terms

Legal and insurance terminology can be difficult to understand, especially when you are dealing with an injury, disability, or denied insurance claim. Our glossary explains common terms you may encounter in Alberta personal injury claims, long-term disability claims, property insurance disputes, broker negligence claims, and institutional abuse cases.

These definitions are provided for general information only and are not legal advice. The meaning or application of a term can depend on the circumstances of a particular claim, the wording of an insurance policy, and the law in effect at the relevant time. For more information about details related to your specific case, book a free consultation with our lawyers today.

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AB-1 Form

The Alberta Notice of Loss and Proof of Claim form used in the current accident-benefits system for motor vehicle injuries. It is associated with claims under the pre-2027 framework; Care-First has different prescribed forms for accidents on or after January 1, 2027.

Accident Benefits

Benefits available under an automobile insurance policy for injuries caused by a motor vehicle accident. For Alberta accidents before January 1, 2027, these commonly include Section B benefits; accidents on or after that date fall under the Care-First framework.

Accident Benefits Claim

A claim made to an automobile insurer for benefits arising from accident-related injury, separate from a claim against an at-fault person. The applicable Alberta process depends on the accident date, including the transition to Care-First on January 1, 2027.

Activities of Daily Living

Everyday personal tasks such as bathing, dressing, eating, mobility and other routine activities. A serious injury can create a need for assistance with these tasks, and Care-First benefits beginning in 2027 contemplate support related to activities of daily living.

Actual Cash Value

A property insurance valuation approach that generally reflects the value of damaged property at the time of loss, often considering depreciation. The exact calculation depends on policy wording and the property involved.

Additional Living Expenses

Property insurance benefits that may cover reasonable increased living costs when a covered loss makes a home unfit for occupancy. Coverage, limits and duration depend on the policy.

Adjuster

A person who investigates, evaluates and handles an insurance claim on behalf of an insurer or, in some cases, independently. Alberta adjusters are subject to provincial insurance licensing and market-conduct requirements.

Aggravation of a Pre-Existing Condition

A worsening of a medical condition that existed before an accident or other incident. In a personal injury claim, medical evidence may be important in distinguishing the pre-existing condition from the additional harm caused by the incident.

Alberta Automobile Care-First Tribunal

The tribunal created under Alberta’s Automobile Insurance Act to address specified disputes under the Care-First system. The Care-First model begins January 1, 2027, and includes processes for reviewing certain insurer decisions.

Alberta Insurance Council

The Alberta body involved in licensing and regulating insurance agents, brokers and adjusters. Consumers with concerns about the market conduct or licensing of these professionals may be directed to the Alberta Insurance Council.

Any Occupation Test

A long-term disability policy test that may apply after an initial period of disability. It generally asks whether the insured is unable, because of disability, to perform work that falls within the policy’s definition of a suitable or gainful occupation. The exact wording of the policy controls.

Appraisal

A process for determining the amount or value of an insured property loss where permitted by the policy or legislation. It generally addresses valuation rather than every dispute about whether coverage exists.

ATV Accident Claim

A personal injury or insurance claim arising from an all-terrain vehicle accident. In Alberta, liability and available insurance can depend on where the ATV was operated, how the accident occurred, the parties involved and the applicable policy and legislation.

Automobile Accident Insurance Benefits Regulation

An Alberta regulation governing accident benefits under the current automobile insurance system. It remains relevant to applicable pre-2027 claims, while accidents on or after January 1, 2027 are governed by the Care-First framework.

Automobile Insurance Act

Alberta legislation enacted to establish the framework for the province’s Care-First automobile insurance system. Care-First is scheduled to apply beginning January 1, 2027, with detailed rights and benefits also governed by regulations and approved forms.

Bad Faith

A legal concept that can arise when an insurer handles its contractual obligations in a manner alleged to be dishonest, unfair or contrary to its duty of good faith. Whether conduct amounts to bad faith depends on the facts and applicable Canadian and Alberta law.

Balance of Probabilities

The civil standard of proof generally used in Canadian personal injury and insurance litigation. A fact is proven on a balance of probabilities when the court finds it more likely than not to be true.

Betterment

An increase in value that can result when damaged property is repaired or replaced with something better than its pre-loss condition. Insurers may raise betterment when calculating some property damage payments, depending on the policy and circumstances.

Bicycle Accident Claim

A personal injury claim arising when a cyclist is injured because of another person’s alleged negligence or wrongful conduct. Alberta bicycle claims may involve motor vehicles, unsafe premises, road conditions or other circumstances, with liability depending on the facts.

Bodily Injury

Physical harm to a person. In insurance and personal injury matters, the term may be used in policies, pleadings and claims to distinguish personal injury losses from damage to property.

Broker Negligence

A claim alleging that an insurance broker failed to meet the standard of care expected in arranging, advising on or maintaining insurance coverage, causing a client loss. The scope of a broker’s duty depends on the relationship, instructions and circumstances.

Broker Negligence Claim

A civil claim alleging that an insurance broker failed to meet the applicable standard of care and caused a client financial loss. Allegations may involve failure to obtain requested coverage, inadequate advice, failure to communicate exclusions or limits, or an unintended gap in insurance.

Burden of Proof

The obligation to prove a fact or legal claim. In most civil cases, the plaintiff bears the burden of proving the essential elements of the claim on a balance of probabilities.

Business Interruption

Insurance coverage that may respond to qualifying income loss and continuing expenses when insured business operations are interrupted by a covered event. The policy wording, waiting period and calculation method are critical.

Car Accident Claim

A claim arising from injuries or losses caused by a car accident. For Alberta accidents before January 1, 2027, claims may involve Section B benefits and tort rights; accidents on or after that date are governed by the Care-First automobile insurance framework.

Care-First

Alberta’s new privately delivered automobile insurance model scheduled to begin January 1, 2027. It emphasizes medical, rehabilitation, income and other benefits for people injured in collisions and generally restricts injury lawsuits, subject to legislated exceptions.

Caregiver Benefit

Support intended to address circumstances where an injured person cannot provide care to dependants because of collision-related injuries. Alberta’s Care-First materials identify caregiver support as a potential benefit for eligible accidents on or after January 1, 2027.

Catastrophic Injury

A commonly used description for an injury with profound, long-term effects, such as severe spinal cord injury, major brain injury or amputation. Entitlements depend on the governing policy and law rather than the label alone.

Causation

The required connection between wrongful conduct and the injury or loss claimed. A plaintiff generally must prove that the defendant’s conduct caused the compensable harm, subject to Canadian causation principles.

Certified Examiner

A health professional who meets Alberta requirements to provide an opinion in the minor-injury examination process under the current automobile insurance framework. This concept is tied to the pre-2027 regulatory system.

Chronic Pain

Pain that persists beyond the expected period of healing or becomes long lasting. Chronic pain can affect function, employment and quality of life, and its impact is assessed using medical and other evidence.

Claimant

A person who makes a claim for compensation, insurance benefits or another remedy. Depending on the matter, a claimant may be an injured person, an insured, a beneficiary or a property owner.

Co-Insurance

A property insurance provision that can require the insured to carry coverage equal to a specified percentage of property value. If the required amount is not maintained, the insured may bear part of a covered loss.

Collision

An event involving contact or impact between vehicles, people, objects or property. In Alberta automobile insurance, the accident date is especially important because Care-First begins for accidents on or after January 1, 2027.

Common Injury

A term used in Alberta’s Care-First materials for less severe traffic injuries such as sprains, strains and cuts. Under Care-First, treatment is intended to continue while it provides the required measurable benefit, subject to the legislation and regulations.

Compensatory Damages

Money awarded to compensate a person for proven loss rather than to punish a defendant. Depending on the case, compensatory damages may include non-pecuniary loss, income loss, care costs and out-of-pocket expenses.

Contents Coverage

Property insurance protecting eligible personal or business belongings against covered causes of loss. Limits, special limits and exclusions can apply to particular categories of property.

Contingency Fee Agreement

A written legal fee agreement under which a lawyer’s fee is tied to the result obtained, subject to Alberta’s rules and the terms of the agreement. Clients should review how fees, disbursements and taxes are treated.

Contributory Negligence

Negligence by an injured person that contributed to their own loss. In Alberta, a finding of contributory negligence can reduce recoverable damages according to the person’s share of responsibility.

Coverage

The protection provided by an insurance policy, including the risks, people, property, limits, exclusions and conditions described in the contract. Coverage disputes often turn on the specific policy wording and applicable Alberta law.

Coverage Denial

An insurer’s decision that a claim or loss is not covered under the policy. A denial should be reviewed against the policy wording, facts, statutory requirements and any applicable complaint or dispute process.

Covered Peril

A cause of loss that falls within the protection provided by an insurance policy. Some policies insure only named perils, while broader forms cover risks unless excluded.

CPP Disability Benefits

Canada Pension Plan disability benefits are federal benefits that may be available to eligible contributors who meet the CPP definition of disability. CPP disability is separate from a private or group long-term disability policy, although LTD policies may address offsets or coordination of benefits.

Damages

Money claimed or awarded as compensation for legally recognized loss. In personal injury cases, damages can include different categories depending on the evidence and the law applicable to the incident date.

Deductible

The portion of an insured loss that the policyholder must bear before or as part of an insurer’s payment, depending on the policy wording. Deductibles are common in property and automobile physical-damage coverage.

Defendant

A person or organization against whom a civil lawsuit is brought. In an Alberta personal injury action, a defendant may include an allegedly negligent driver, occupier, institution, business or other responsible party.

Depreciation

A reduction in property value because of age, wear, condition or obsolescence. Property insurers may account for depreciation when calculating actual cash value, depending on the policy.

Diagnostic and Treatment Protocols Regulation

An Alberta regulation that governs protocols for certain motor vehicle injuries under the current automobile insurance system. It applies to qualifying pre-2027 collision claims; Care-First introduces a new Program of Care for accidents on or after January 1, 2027.

Direct Compensation for Property Damage (DCPD)

An Alberta automobile insurance system under which an insured generally seeks compensation from their own insurer for covered vehicle damage, loss of use and certain contents damage when another driver is responsible, subject to the governing rules and policy.

Disability

A physical, psychological or cognitive impairment that can limit a person’s ability to work or perform daily activities. The meaning and required level of impairment vary among tort claims, disability policies and automobile benefit schemes.

Disability Benefits

Income or other benefits payable when illness or injury prevents an insured person from working or otherwise meets a disability definition. Eligibility depends on the applicable group plan, individual insurance policy, government program or automobile insurance scheme.

Disability Claim

A claim for benefits based on an illness or injury that prevents or limits work or function. A disability claim may arise under a short-term disability plan, long-term disability policy, CPP disability program or another benefit arrangement.

Disability Claim Denial

A decision by an insurer or benefit administrator refusing a disability claim. Reasons can include a finding that the policy definition of disability is not met, insufficient medical evidence, an exclusion, a missed requirement or another policy-based ground.

Disability Insurance

Insurance designed to replace part of a person’s income when a covered illness or injury prevents them from working as defined by the policy. Coverage may be provided through an employer group plan or an individual policy.

Disbursement

An expense paid in connection with advancing a legal claim, such as charges for records, expert reports or filing fees. Responsibility for disbursements depends on the retainer, outcome and applicable rules.

Discoverability

A principle used in limitation law to determine when a claimant knew or reasonably ought to have known enough material facts to bring a claim. Alberta’s Limitations Act incorporates discoverability concepts into its general limitation framework.

Dog Bite Claim

A personal injury claim arising from a dog bite or other dog attack. In Alberta, liability is assessed using the applicable facts and legal principles, including what the owner knew or ought to have known and whether reasonable precautions were taken.

Duty of Care

A legal obligation to take reasonable care to avoid foreseeable harm to another person in circumstances where the law recognizes that duty. Establishing a duty of care is one element of a negligence claim.

Economic Loss

Financial loss caused by an injury or insured event, such as lost income, treatment expenses or property-related costs. The claimant generally must prove the loss with appropriate evidence.

Elimination Period

The waiting period that must pass after disability begins before disability benefits become payable under a policy. The length and requirements of the elimination period are set by the specific long-term or short-term disability plan.

Endorsement

An amendment or addition to an insurance policy that changes its standard terms. An endorsement can add, restrict or clarify coverage and should be read together with the rest of the policy.

Errors and Omissions Insurance

Professional liability insurance designed to respond to certain claims alleging negligent acts, errors or omissions in professional services. Insurance brokers commonly carry professional liability coverage subject to policy terms.

Examination for Discovery

A pre-trial process in Alberta civil litigation in which parties may be questioned under oath about relevant issues and documents. The process can help define the issues and evidence before trial.

Exclusion

Policy wording that removes specified risks, losses, property or circumstances from insurance coverage. Whether an exclusion applies depends on the precise wording, facts and governing law.

Expert Witness

A qualified person permitted to give opinion evidence on matters requiring specialized knowledge. In personal injury and insurance litigation, experts may address medicine, rehabilitation, engineering, accounting, valuation or other technical issues.

Failure to Advise

An allegation that a professional did not provide information or advice that the applicable standard of care required. In insurance broker cases, this can involve limits, exclusions, available coverage or consequences of client instructions.

Failure to Procure Insurance

An allegation that an insurance broker or agent negligently failed to obtain coverage requested or reasonably required in the circumstances. Liability depends on the instructions, advice, available insurance and proof that the failure caused loss.

Fatal Accidents Act

Alberta legislation that permits specified family members to bring claims arising from a death caused by a wrongful act, neglect or default. The Act identifies who may claim and the categories of recovery available.

Flood Insurance

Property coverage for specified flood-related losses where offered and purchased. Coverage for overland water, sewer backup and other water losses can differ, so the policy wording and endorsements must be reviewed.

Future Care Costs

The reasonable cost of medical, rehabilitation, attendant, equipment or other care expected to be required in the future because of an injury. These losses usually require evidence about both medical need and cost.

Gap in Coverage

A period, risk, property or liability exposure for which no applicable insurance protection exists. A broker negligence claim may allege that professional negligence caused an unintended coverage gap.

General Damages

A commonly used term for damages that are not calculated by simply adding specific invoices or receipts. In personal injury cases, the phrase often refers to non-pecuniary damages for pain, suffering and loss of enjoyment of life.

Group Disability Insurance

Disability coverage provided to members of a group, commonly through an employer benefit plan. The policy or plan document determines eligibility, the disability definition, benefit amount, waiting period, exclusions and duration.

Home Insurance

Property and liability insurance for a residence and related risks. Coverage commonly includes the dwelling, contents, additional living expenses and personal liability, subject to the policy.

Income Replacement Benefit

A benefit intended to replace a portion of employment income lost because collision injuries prevent work. Alberta’s current and Care-First automobile systems use different rules, amounts and eligibility criteria, with Care-First beginning January 1, 2027.

Indemnity

The insurance principle of compensating an insured for a covered loss, generally without placing the insured in a better financial position than before the loss. Policy wording and specific coverage terms determine how indemnity is calculated.

Independent Medical Examination

A medical assessment arranged for litigation or insurance purposes by someone other than the injured person’s treating provider. The permissible scope, purpose and consequences depend on the governing legal or policy framework.

Institutional Abuse

Abuse alleged to have occurred within or in connection with an institution, organization or care setting. Claims can involve intentional wrongdoing, negligence, systemic failures, vicarious liability and complex limitation issues.

Institutional Abuse Claim

A civil claim arising from abuse alleged to have occurred within or in connection with an institution or organization. Depending on the facts, a claim may involve the alleged abuser as well as institutional negligence, vicarious liability or other recognized causes of action.

Insurance Act

Alberta’s principal statute regulating insurance contracts, insurers and many insurance practices in the province. Automobile, property and other insurance disputes may engage the Act along with regulations and policy wording.

Insurance Agent

A licensed professional who acts in connection with the sale or service of insurance, often on behalf of an insurer. Alberta licensing and conduct requirements are administered through the provincial insurance regulatory framework.

Insurance Broker

A licensed insurance professional who assists clients in obtaining insurance coverage. Depending on the circumstances, a broker may owe duties relating to understanding instructions, obtaining requested coverage and communicating material information.

Insurance Claim

A request by an insured or other eligible claimant for payment, benefits or another response under an insurance policy. The applicable process and requirements depend on the type of insurance, policy wording, facts and Alberta or federal law where relevant.

Insurance Policy

The contract setting out the terms of insurance coverage. It typically identifies insured risks, limits, deductibles, exclusions, conditions and the duties of the insured and insurer.

Insured

A person or organization protected by an insurance policy. Who qualifies as an insured can vary by coverage and may include named insureds and others who meet definitions in the policy.

Insurer

An insurance company that issues coverage and responds to claims according to the policy and applicable law. Insurers carrying on insurance business in Alberta are subject to provincial regulation.

Intentional Tort

A civil wrong based on intentional conduct rather than carelessness, such as assault or battery. Institutional abuse claims can involve intentional torts alongside negligence claims against other parties.

Internal Review

A process under the Care-First framework through which a claimant can request review of certain insurer decisions before or as part of further dispute-resolution steps. Applicable procedures depend on the legislation and regulations.

Liability

Legal responsibility for injury, damage or loss. In a negligence action, liability generally depends on establishing a duty of care, breach, causation and compensable damage.

Liability Coverage

Insurance that can respond when an insured is legally liable to another person for covered injury or damage. The amount and scope of protection depend on the policy limits, wording and exclusions.

Limitation Period

A legal deadline for starting a claim. Alberta’s Limitations Act establishes general limitation rules, but special rules, discoverability principles and exceptions can apply, so the deadline depends on the facts and type of claim.

Limitations Act

Alberta legislation governing many deadlines for bringing civil claims. Determining when a limitation period begins can require analysis of when the claimant knew or ought to have known specified facts.

Litigation

The process of resolving a dispute through the courts. Personal injury and insurance litigation can include pleadings, document disclosure, questioning, expert evidence, applications, settlement discussions and trial.

Long-Term Disability Benefits

Income-replacement benefits available under a long-term disability policy or plan when an insured person meets the applicable definition of disability after the required waiting period. Benefit amounts, duration, exclusions and continuing eligibility depend on the policy wording.

Long-Term Disability Claim

A claim for income-replacement benefits under an LTD insurance policy or benefit plan because illness or injury prevents the claimant from working as required by the policy’s disability definition. LTD claims are contractual insurance claims and are distinct from personal injury lawsuits.

Long-Term Disability Claim Denial

An insurer’s refusal to pay or continue LTD benefits. A denial may involve medical evidence, the policy’s disability test, exclusions, treatment requirements, surveillance, functional evidence or other policy terms, and the available response depends on the particular contract and circumstances.

Long-Term Disability Insurance

Insurance intended to replace part of an insured person’s employment income during an extended period of qualifying disability. LTD insurance can be provided through an employer-sponsored group plan or purchased individually.

Loss of Earning Capacity

A reduction in a person’s ability to earn income because of injury. It can concern past or future loss and is assessed using evidence about health, work history, career prospects and the effect of the injury.

Loss of Housekeeping Capacity

The loss or reduction of a person’s ability to perform household tasks because of injury. Depending on the case, evidence may address replacement services, functional limitations and the value of lost capacity.

Loss of Studies Benefit

A Care-First benefit identified for eligible students who cannot continue their studies because of injuries sustained in an automobile accident. It applies within the new system for qualifying accidents on or after January 1, 2027.

Loss of Use

The loss of the ability to use property for a period of time because of covered damage. In automobile and property claims, policy wording may provide for rental, alternative transportation or other loss-of-use expenses.

Material Change in Risk

A change in circumstances that materially affects an insurer’s assessment of the risk after a policy is issued. Insurance policies and Alberta law may require disclosure of certain material changes.

Material Misrepresentation

A false or inaccurate statement about a fact important to an insurer’s decision to insure or set terms. Depending on the circumstances and applicable law, material misrepresentation can affect coverage.

Maximum Medical Recovery

A point at which an injured person’s condition has stabilized and further material recovery may not be expected. Alberta’s Care-First materials use maximum medical recovery in describing when some claims or benefits may be assessed or resolved.

Measurable Benefit

A Care-First concept used in describing whether treatment continues to contribute meaningfully to recovery or function. The precise application is governed by the Care-First legislation, regulations, guidelines and clinical requirements.

Mediation

A confidential dispute-resolution process in which a neutral mediator helps parties explore settlement. The mediator generally does not impose a decision, and settlement occurs only if the parties agree.

Medical and Rehabilitation Benefits

Benefits intended to cover eligible treatment and rehabilitation required because of an injury. Alberta’s Care-First system is scheduled to provide substantially expanded eligible medical and rehabilitation benefits for accidents on or after January 1, 2027.

Minor Injury

A defined term under Alberta’s Minor Injury Regulation for purposes of the current automobile injury damages framework. Whether an injury meets the legal definition depends on the regulation and evidence, not simply whether it seems minor in everyday language.

Minor Injury Cap

The annually adjusted maximum on non-pecuniary damages for injuries that fall within Alberta’s Minor Injury Regulation under the current system. Because Care-First begins January 1, 2027, this concept should be understood in relation to applicable pre-2027 accidents.

Mitigation

The obligation of a person claiming damages to take reasonable steps to avoid or reduce losses after an injury or insured event. A failure to mitigate can reduce recoverable damages if the defendant proves unreasonable conduct caused avoidable loss.

Motor Vehicle Accident Claim

A claim arising from injury or loss involving a motor vehicle. Alberta’s legal framework changes by accident date: the existing accident-benefits and tort framework applies to qualifying pre-2027 accidents, while Care-First begins for accidents on or after January 1, 2027.

Motor Vehicle Accident Claims Fund

An Alberta statutory fund that may provide compensation in certain motor vehicle cases involving uninsured or unidentified motorists, subject to strict eligibility requirements and statutory limits.

Motorcycle Accident Claim

A claim arising from injuries or losses sustained in a motorcycle collision. Depending on the accident date and circumstances, an Alberta claim may involve automobile insurance benefits, liability issues and the rules of the applicable provincial automobile insurance framework.

Negligence

Failure to meet the legally required standard of reasonable care in circumstances where a duty is owed, causing compensable harm. Negligence is a foundation of many Alberta personal injury, occupiers’ liability and professional liability claims.

Negligent Hiring

A claim alleging that an organization failed to take reasonable care when selecting or screening a person for a role, and that the failure contributed to harm. The required precautions depend on the position and foreseeable risks.

Negligent Retention

A claim alleging that an organization unreasonably kept a person in a role after information arose indicating a risk of harm. Liability depends on what was known or reasonably should have been known and whether the conduct caused the loss.

Negligent Supervision

A claim alleging that a person or organization failed to take reasonable care in supervising an individual or activity, resulting in foreseeable harm. Institutional claims may involve supervision of employees, volunteers, residents or participants.

Non-Pecuniary Damages

Compensation for non-financial effects of injury, such as pain, suffering and loss of enjoyment of life. Under Alberta’s Care-First automobile system beginning in 2027, the role of pain-and-suffering damages changes substantially for motor vehicle injuries.

Notice of Loss

Notice given to an insurer that an event has occurred that may lead to a claim. Policies and legislation may set requirements about when and how notice must be provided.

Occupier

A person or entity with sufficient possession or control of premises to have responsibilities toward people entering the property. More than one party can potentially be an occupier depending on the facts.

Occupiers’ Liability Act

Alberta legislation addressing the duty owed by occupiers of premises to visitors. It is central to many slip-and-fall and unsafe-premises claims in Alberta.

Out-of-Pocket Expenses

Reasonable expenses personally paid because of an injury or insured loss, such as certain treatment, travel or replacement costs. Recovery depends on proof, causation, reasonableness and the applicable policy or legal framework.

Overland Water Coverage

Optional or included property coverage, depending on the insurer and policy, for certain water entering property from the surface. Definitions, exclusions, deductibles and limits vary by policy.

Own Occupation Test

A disability policy test that generally focuses on whether illness or injury prevents the insured person from performing the essential duties of their own occupation. The precise definition, duration of the own-occupation period and required level of impairment depend on the policy.

Pain and Suffering

The physical discomfort, emotional impact and loss of enjoyment associated with injury. In current tort claims this may form part of non-pecuniary damages; Care-First changes compensation for most automobile injuries occurring on or after January 1, 2027.

Pedestrian Accident Claim

A claim arising when a pedestrian is injured in a collision involving a motor vehicle. Alberta automobile insurance rights and remedies depend in part on the accident date, including the transition to Care-First for accidents on or after January 1, 2027.

Permanent Impairment

A lasting loss or abnormality of physical, psychological or cognitive function after an injury. Alberta’s Care-First system includes a permanent impairment benefit for eligible collision injuries beginning in 2027.

Permanent Impairment Benefit

A Care-First benefit intended to compensate eligible people who sustain permanent impairment in a motor vehicle accident. Entitlement and amount depend on the Automobile Insurance Act, regulations and applicable schedules in force for accidents on or after January 1, 2027.

Personal Expenses Benefit

Care-First terminology for eligible expenses related to a collision injury, potentially including specified treatment, equipment, supplies or travel costs. Coverage depends on the legislation, regulations and the claimant’s circumstances.

Personal Injury Claim

A civil claim seeking compensation for injury allegedly caused by another person’s negligence or wrongful conduct. In Alberta, the legal test, limitation period, available damages and insurance framework depend on how and when the injury occurred.

Physical Abuse

Intentional physical mistreatment or violence causing injury. Civil claims may involve direct liability of the person who committed the abuse and potential claims against other responsible parties.

Plaintiff

The person or entity that starts a civil lawsuit. In a personal injury action, the plaintiff generally has the burden of proving the essential elements of the claim.

Policy Limit

The maximum amount an insurer will pay for a particular coverage, claim or policy period, subject to the policy wording. Different coverages within one policy can have different limits.

Pre-Existing Condition

A health condition, injury or impairment that existed before the incident giving rise to a claim. A pre-existing condition does not automatically prevent recovery, but it can affect causation and the assessment of damages.

Premises Liability

A general term for legal responsibility arising from dangerous or unsafe property conditions. In Alberta, many premises claims are governed by the Occupiers’ Liability Act.

Premises Liability Claim

A claim alleging that unsafe premises caused injury. In Alberta, these claims commonly engage the Occupiers’ Liability Act and may involve hazards such as ice, spills, inadequate maintenance, unsafe stairs or other dangerous property conditions.

Product Liability Claim

A claim alleging that a defective or unsafe product caused injury or loss. Depending on the facts, potential defendants can include manufacturers, distributors, suppliers or sellers, and claims may involve negligence, contract or other legal principles.

Professional Negligence

A negligence claim alleging that a professional failed to meet the standard reasonably expected of a competent professional in similar circumstances, causing loss. Expert evidence may be required depending on the issue.

Program of Care

A structured, evidence-based treatment approach under Alberta’s Care-First system for common traffic injuries. Alberta has issued a Care-First Program of Care guideline in preparation for the January 1, 2027 launch.

Proof of Loss

A formal statement or documentation provided to an insurer describing the loss and amount claimed. Property policies and statutory conditions may set requirements and timelines for proof of loss.

Property Damage

Physical loss of or damage to tangible property, including vehicles, homes and personal belongings. Coverage depends on the insurance policy, cause of loss, exclusions, valuation terms and applicable Alberta law.

Property Damage Insurance Claim

A claim made under an insurance policy for covered loss of or damage to property, such as a home, business, vehicle or belongings. Coverage depends on the cause of loss, policy wording, endorsements, exclusions, deductibles, limits and valuation provisions.

Property Insurance

Insurance that protects against specified loss or damage to property, subject to the policy’s covered perils, exclusions, deductibles, limits and conditions.

Property Insurance Claim

A request for payment or other benefits under a property insurance policy after an insured loss. The insured generally must comply with policy requirements concerning notice, documentation, mitigation and proof of loss.

Psychological Abuse

Conduct that causes serious emotional or psychological harm, including patterns of intimidation, humiliation or coercive behaviour. The legal viability of a civil claim depends on the facts, recognized causes of action and evidence of harm.

Psychological Injury

A mental or psychological condition caused or worsened by a traumatic event or other wrongful conduct. Claims may require evidence of diagnosis, symptoms, functional effects and causation.

Punitive Damages

Exceptional damages intended to punish highly wrongful conduct rather than compensate loss. Canadian courts reserve punitive damages for circumstances meeting a high threshold.

Recurrent Disability

A return of disability after an insured person has resumed work or ceased receiving benefits. Many disability policies contain recurrence provisions that determine whether the renewed disability is treated as part of the earlier claim or as a new claim.

Rehabilitation

Treatment, therapy, training or support intended to improve function and independence after injury. Rehabilitation can include physical, psychological, occupational and vocational services.

Release

A contract in which a person gives up specified legal claims or rights, often as part of a settlement. The wording should be reviewed carefully because signing a release can prevent further recovery for matters within its scope.

Replacement Cost

A property insurance valuation method based on the cost to repair or replace damaged property with new property of like kind and quality, subject to the policy terms and conditions.

Reservation of Rights

A notice from an insurer stating that it is investigating or handling a claim while preserving the ability to rely on coverage defences. The effect depends on the wording and circumstances.

Residual Disability

A policy concept that may provide benefits when an insured person can still work but has a qualifying reduction in capacity or income because of disability. Not every LTD policy includes residual or partial disability coverage, and definitions vary.

Scope of Retainer

The services and responsibilities a professional agreed or undertook to provide to a client. In broker negligence claims, the scope of the broker-client relationship can be central to determining the duties owed.

Section B Benefits

No-fault accident benefits under Alberta’s current standard automobile insurance framework, including specified medical, rehabilitation, disability and death-related benefits. The term is principally relevant to accidents before Care-First begins on January 1, 2027.

Section B Benefits Claim

A claim for no-fault accident benefits under Alberta’s current standard automobile insurance framework. Section B is principally relevant to eligible accidents occurring before January 1, 2027, when Alberta’s Care-First system is scheduled to begin.

Serious Driving Offence Exception

Under Alberta’s Care-First framework, injury litigation is generally restricted, but legislation provides exceptions connected to certain serious driving offences, with details governed by the Act and regulations. This is relevant to accidents on or after January 1, 2027.

Settlement

An agreement resolving some or all of a dispute without a final trial judgment. Settlement terms may include payment, releases, confidentiality provisions and other obligations.

Sewer Backup Coverage

Property insurance coverage for certain damage caused by water or sewage backing up through sewers or drains. It is often governed by a specific endorsement, deductible and limit.

Short-Term Disability Benefits

Income-replacement benefits intended for a limited period when illness or injury prevents an insured employee from working. Short-term disability coverage is separate from LTD coverage, although LTD benefits may begin after short-term benefits or another waiting period ends.

Slip and Fall Claim

A premises liability claim arising when a person slips, trips or falls because of an allegedly unsafe property condition. In Alberta, these claims commonly involve the Occupiers’ Liability Act, evidence of the hazard, reasonable inspection and maintenance practices, causation and damages.

Snowmobile Accident Claim

A personal injury or insurance claim arising from a snowmobile accident. Liability and available coverage in Alberta depend on the circumstances, location, parties involved, insurance arrangements and applicable legislation.

Special Damages

A term often used for specific, quantifiable financial losses, particularly losses incurred before trial, such as certain expenses or income loss. These amounts generally require documentary or other proof.

Standard of Care

The level of care the law requires in the circumstances. In negligence cases, the standard is generally based on what a reasonable person or, for professionals, a reasonably competent professional would do in comparable circumstances.

Statement of Claim

A pleading that starts a civil action and sets out the material facts and relief claimed. Alberta court rules prescribe requirements for pleadings and service.

Statement of Defence

A pleading filed by a defendant responding to allegations in a civil action. It typically states which allegations are admitted, denied or not admitted and sets out the material facts relied upon in defence.

Statutory Conditions

Conditions imposed by legislation that form part of certain insurance contracts in Alberta. They can address matters such as notice, changes in risk, fraud, loss procedures and termination.

Subrogation

The right of an insurer, after paying a covered loss, to pursue recovery from a responsible third party in appropriate circumstances. The insurer’s rights are governed by the policy, legislation and common law.

Third-Party Liability

Legal responsibility to another person for injury or property damage. Automobile liability insurance is designed to respond to covered third-party claims, subject to the applicable Alberta regime and policy.

Tort

A civil wrong, independent of contract, for which the law may provide a remedy. Negligence, assault and battery are examples of torts that can arise in personal injury matters.

Total Disability

A disability insurance term defined by the particular policy rather than simply meaning complete physical incapacity. The test often relates to the insured person’s ability to perform occupational duties, and the definition can change during the life of an LTD claim.

Traffic Safety Act

Alberta legislation governing many rules for vehicles, drivers and highways, including the requirement that motor vehicles on highways be insured. Traffic violations can also be relevant evidence in collision cases.

Traumatic Brain Injury

An injury to the brain caused by an external force, which can range from mild concussion to severe impairment. Symptoms may affect cognition, mood, balance, memory, behaviour and the ability to work or function.

Truck Accident Claim

A claim arising from a collision involving a commercial truck or other heavy vehicle. Alberta truck accident matters can involve drivers, carriers, vehicle owners, insurers and other parties, depending on the facts and the applicable automobile insurance regime.

Underinsured Motorist Coverage

Automobile insurance protection that may respond when an at-fault motorist does not have enough liability insurance to satisfy an eligible claim, subject to the policy and Alberta insurance framework.

Uninsured Motorist Coverage

Automobile insurance protection addressing certain losses caused by an uninsured or unidentified driver, subject to statutory and policy requirements. Eligibility and available recovery depend on the circumstances.

Vacancy

A property condition that can affect insurance coverage when a building is unoccupied and substantially empty. Policies may impose restrictions, exclusions or permit requirements after a specified period of vacancy.

Vicarious Liability

Legal responsibility imposed on one person or organization for the wrongful conduct of another because of a recognized relationship, such as some employer-employee relationships. Institutional abuse cases can raise vicarious liability issues.

Waiver of Premium

A disability insurance provision that may waive required insurance premiums while an insured person meets specified disability conditions. Availability and eligibility depend on the particular policy.

Wildfire Claim

An insurance claim for loss or damage caused by wildfire or related insured perils. Alberta property claims can involve dwelling damage, contents, additional living expenses, debris removal and other policy-specific coverages.

Wrongful Death

A general description for a death caused by another person’s wrongful act or negligence. In Alberta, claims by family members are governed in significant part by the Fatal Accidents Act and related law.

Wrongful Death Claim

A civil claim arising when a death is caused by another person’s wrongful act, neglect or default. In Alberta, the Fatal Accidents Act identifies specified family members and categories of recovery, subject to the facts and other applicable law.

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