In Alberta, the Minor Injury Regulation can limit (“Cap”) the general damages you may recover for non-serious “minor injuries”. These “minor injuries” include strains, sprains and whiplash-related injuries suffered in a motor vehicle accident. As of 2019, the Cap amount for “minor injuries” is $5,202.00.
It may be common for insurance companies to inform injured victims that all soft tissue injuries are subject to the cap. Insurance companies do this to further their own interests and to avoid paying fair compensation to a victim. However, Alberta Courts have very clearly said that injuries such as brain injuries, chronic pain cases, bone fractures, TMJ dysfunction cases, post-traumatic stress disorder, and some chronic fatigue cases are not capped. Also, injuries for non-motor-vehicle accidents are not capped.
The state of the law in this area has become highly complex. Before accepting any offer from an insurance company, it is very important that you first discuss your injuries with a lawyer. The difference between a capped claim and a non-capped claim can be in excess of tens of thousands of dollars. Even if it initially looks like your claim may be subject to the Cap, your injuries may be such that your claim will eventually fall outside the Cap.
It is also important to know that the Cap only applies to general damages and does not limit other forms of compensation you may be entitled to recover. These other forms of compensation may include loss of income, loss of housekeeping capacity, or certain out-of-pocket expenses.
If you or a relative suffer a serious soft tissue injury in a motor vehicle accident, you should contact a lawyer to obtain advice on how to proceed. You may contact the lawyers at Bosecke Law LLP for a free consultation at 780-469-0494. We have a friendly team whose goal it is to provide excellent and honest legal advice regarding to your claim. Plus, we only get paid when you collect.