A catastrophic injury is one that permanently changes a person’s ability to work or live independently, such as a severe brain injury, spinal cord injury, amputation or major burns. In Edmonton, the claim is built around lifetime losses: care, income, housing and family support. The first 30 days set up benefits and evidence. You generally have 2 years to start a lawsuit.
Last reviewed September 16, 2026. General legal information for Alberta, not legal advice.
What makes an injury catastrophic
There is no single legal checklist in an ordinary Alberta injury lawsuit. In practice, an injury is treated as catastrophic when its effects are permanent and far-reaching:
- moderate or severe traumatic brain injury
- spinal cord injury causing paralysis or major loss of function
- amputation or loss of use of a limb
- severe burns and disfigurement
- multiple serious fractures leaving lasting impairment
- loss of sight or hearing
The first 30 days after a catastrophic injury
Families are usually at a hospital bedside, not thinking about claims. A few steps protect the future without taking much time:
- Section B notice. A claim form must reach the insurer within 30 days of the accident, or as soon as practicable.
- Preserve evidence. Keep damaged vehicles, equipment, clothing and helmets. Ask nearby businesses for video before it is overwritten.
- Get the police file number and names of witnesses.
- Keep a simple log of hospital visits, time off work for family members and expenses.
- Do not sign releases or give recorded statements to the other side’s insurer.
In Edmonton, Alberta Health Services lists the University of Alberta Hospital and the Royal Alexandra Hospital as the adult trauma centres, and the Glenrose Rehabilitation Hospital runs the city’s inpatient brain injury and spinal cord injury rehabilitation programs.
Who pays for a lifetime of losses
| Source | What it covers |
|---|---|
| Section B accident benefits | Up to $50,000 of treatment within 2 years; weekly disability up to $600 for 104 weeks |
| The at-fault party’s liability insurance | Damages in a tort claim, up to policy limits |
| Other responsible parties | Employers, property owners, road authorities, manufacturers, depending on the facts |
| Motor Vehicle Accident Claims Act fund | Uninsured and unidentified drivers, subject to the Act’s limits and conditions |
| Your own disability and extended health plans | Varies by policy |
Catastrophic losses can exceed a single driver’s policy limits, which is why every possible source is investigated early.
What the claim includes
- Cost of future care, usually set out in a life care plan
- Loss of earning capacity over a working lifetime
- Housing and vehicle changes
- Pain and suffering, not limited by the minor injury cap
- Care provided by family and its effect on their own work
- Out-of-pocket expenses from the day of injury
When a catastrophic injury is fatal, families claim under the Fatal Accidents Act, and that claim arises when the conduct causing the death occurred.
Deadlines and the Edmonton courts
The limitation period is generally 2 years from when the injury and its cause were known, or ought to have been known. It is suspended while the injured person is a minor or a person under disability, which can matter after a severe brain injury. Claims are filed at the Edmonton Law Courts, 1A Sir Winston Churchill Square.
Catastrophic injuries and Care-First
Care-First and your Edmonton claim
Alberta has announced January 1, 2027 as the start of its Care-First auto insurance system. The new Automobile Insurance Act itself starts on proclamation, so confirm the date that applies.
An Edmonton crash that happens before the switch keeps today’s rules: a lawsuit against the at-fault driver, the minor injury cap and Section B benefits all still apply.
A crash after it is handled mainly through insurance benefits. Lawsuits are allowed only in situations the Act lists, such as a driver found guilty of a prescribed offence, and disagreements about benefits are heard by the Alberta Automobile Care-first Tribunal. How tort claims change under Care-First.
Sources
- Alberta Health Services, Trauma care in Alberta
- Alberta Health Services, Glenrose Adult Inpatient Brain Injury Rehabilitation Program
- 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
- Alberta Rules of Court, Alta Reg 124/2010 (Rules 3.26, 4.16, 4.33, 10.7)
- Court of King’s Bench of Alberta, Edmonton Law Courts
- Automobile Insurance Act, SA 2025 c A-47 (Care-First)
- Government of Alberta, Care-First auto insurance