A catastrophic injury claim in Calgary has one job: to fund a changed life for as long as it lasts. That means a careful projection of future care, lost earnings and housing, a search for every insurance policy that can respond, and no settlement until the long-term picture is clear. Protect the 30-day Section B notice and the 2-year limitation period while that work happens.
Last reviewed September 16, 2026. General legal information for Alberta, not legal advice.
You only settle once
An injury settlement is final. If care costs turn out higher than expected, or a return to work fails, there is no second claim. That single fact shapes how a catastrophic injury case should be run: patiently, with expert evidence, and with a clear view of what the future will cost.
From the scene to Foothills
Many of southern Alberta’s most serious injuries are treated at Foothills Medical Centre, the region’s adult trauma centre, some arriving by STARS air ambulance, which has operated from Calgary since 1991. The records created in those first hours, including paramedic reports and emergency assessments, often become key evidence of how severe the injury was from the start.
When the losses exceed the insurance
A catastrophic claim can be larger than a single driver’s liability limits. Early investigation looks for every source:
- the at-fault driver’s policy, and the vehicle owner’s if different
- an employer, where the driver was working
- property owners or occupiers, road authorities, or manufacturers, depending on how the injury happened
- the Motor Vehicle Accident Claims Act fund, for uninsured and unidentified drivers
- your own accident benefits, disability and extended health coverage
Projecting a lifetime
| Future loss | Evidence usually needed |
|---|---|
| Care and support | A life care plan from clinicians and occupational therapists |
| Earning capacity | Work history, vocational assessment, economist |
| Housing and transport | Home assessment, renovation and vehicle quotes |
| Medical and therapy | Treating specialists’ opinions on future needs |
Pain and suffering is assessed in full for catastrophic injuries, which fall outside the minor injury cap.
The family’s place in the claim
Spouses, parents and adult children often become carers overnight. The value of care they provide, and the effect on their own work, can form part of the claim, so keep a record of hours and tasks from the start. If an injury is fatal, the family’s claim is brought under the Fatal Accidents Act, and it arises when the conduct causing the death occurred.
Deadlines in a Calgary catastrophic injury claim
- Section B claim form to the insurer within 30 days.
- Hit and run: notice to the Administrator within 90 days.
- Lawsuit generally within 2 years, suspended while the claimant is a minor or a person under disability, filed at the Calgary Courts Centre.
- Statement of claim served within 1 year of filing.
Catastrophic injury claims and Care-First
The dividing line is the date of your collision. The province says Care-First begins January 1, 2027, although the Act comes into force by proclamation.
Collisions before that date: section 103 of the new Act keeps the Insurance Act rules in place, so you can still sue the driver at fault and claim Section B.
Collisions after it: compensation comes mostly from benefits. Suing is limited to cases the Act names, including certain convicted drivers, vehicle and parts makers, liquor sellers and the road authority, and benefit disputes go to a new tribunal. Read the details.
Sources
- Automobile Accident Insurance Benefits Regulation, Alta Reg 352/1972, Schedule A (Section B)
- Motor Vehicle Accident Claims Act, RSA 2000 c M-22
- Limitations Act, RSA 2000 c L-12
- Minor Injury Regulation, Alta Reg 123/2004 (Alberta King’s Printer)
- Alberta Rules of Court, Alta Reg 124/2010 (Rules 3.26, 4.16, 4.33, 10.7)
- Court of King’s Bench of Alberta, Calgary Courts Centre
- Automobile Insurance Act, SA 2025 c A-47 (Care-First)
- Government of Alberta, Care-First auto insurance