Can You Claim for Home Care and Accessibility Costs?
After a serious accident or spinal cord injury, permanent mobility limitations can make daily activities—bathing, cooking, cleaning, or even moving through your home—extremely difficult or impossible. You may need in-home care, mobility equipment, or major renovations to your home or vehicle. These costs can be substantial.
Alberta law allows injured people to claim compensation for home-care assistance and accessibility expenses. But insurers often dispute these claims as "unnecessary" or "excessive."
Alberta personal-injury lawyers understand how insurance companies evaluate these expenses—and how to build evidence for fair compensation. This guide explains what costs are compensable, common insurer challenges, Alberta-specific legal rules, and steps to protect your right to full recovery.
This guide covers:
What Counts as a Compensable Home-Care or Accessibility Expense?
Under Alberta law, compensation aims to put you back in the position you would have been in if the accident hadn't happened. This includes ensuring you have a safe, functional, and sustainable home environment and daily care needs.
Common Types of Compensable Expenses:
Alberta-Specific Rules and Deadlines
The right to claim home-care and accessibility expenses in Alberta arises under general principles of personal-injury damages and the Alberta Insurance Act. However, strict timelines apply.
Two-Year Limitation Period
You must start your injury claim within two years of the accident.
Prompt Notice
Notify your insurer as soon as possible to preserve benefits.
Minor-Injury Cap Exemption
Spinal and serious orthopedic injuries are not subject to Alberta's minor-injury cap.
Direct Compensation for Property Damage (DCPD)
Applies only to vehicle damage, not personal-injury or accessibility claims.
Medical Evidence Requirement
Courts rely heavily on written medical opinions linking each cost to your functional limitations.
Steps to Take Immediately After an Injury
You can strengthen your eventual compensation claim by documenting your home-care and accessibility needs from the very beginning.
Get a Professional Home-Safety Assessment
Occupational therapists or rehabilitation specialists can identify accessibility barriers and recommend modifications.
Keep All Receipts and Invoices
Save documentation for medical equipment, renovations, and hired caregivers.
Track Time Spent on Assistance
If family or friends are helping you, keep a log of hours—they may be compensable at market rates.
Follow All Medical Advice
Insurers are more likely to pay for modifications endorsed by your healthcare team.
Avoid Informal Settlements or Quick Payouts
Accepting a lump sum before all your needs are known may leave you unable to claim additional expenses later.
Speak with an Alberta Injury Lawyer Early
They can help you collect the evidence insurers require to approve long-term care and accessibility expenses.
How a Lawyer Helps Recover Home-Care and Accessibility Costs
Securing compensation for these costs requires careful documentation and expert support. A lawyer coordinates the medical, financial, and architectural evidence needed to prove every item's necessity and value.
Engaging Occupational and Life-Care Experts
We obtain reports that detail your medical limitations, required home modifications, and cost estimates.
Calculating Present and Future Expenses
Economists project lifetime care costs—including inflation and equipment replacement.
Challenging Insurer Denials
When adjusters label expenses as 'unnecessary,' we present expert affidavits or trial-ready reports to force reconsideration.
Negotiating Settlements That Cover Full Accessibility
We ensure compensation accounts for construction, ongoing maintenance, and replacement equipment.
Coordinating with Builders and Medical Suppliers
Our team verifies estimates and schedules modifications once funding is secured.
Case Example
A client with paraplegia needed a stairlift, widened hallways, and a wheelchair-accessible bathroom. The insurer offered only $35,000—enough for a partial renovation. After presenting a detailed life-care plan supported by two occupational-therapy reports, we negotiated a final settlement of $220,000 to cover the full scope of home modifications and five years of personal-care assistance.
Frequently Asked Questions
Conclusion
Home-care and accessibility expenses are not luxuries—they're essential to living safely and independently after a serious injury. Insurers often underestimate these needs or delay approval until victims give up.
Get professional assessments from occupational or rehabilitation specialists.
Keep every invoice and receipt.
Never accept an early settlement without including long-term accessibility costs.
Contact a lawyer early to ensure these expenses are fully covered.
Still have questions? Contact us today for a free consultation.
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