In 2004 the Alberta Government enacted legislation that “caps” or limits damages payable for pain and suffering to a maximum of $4,000 for so-called “minor injuries” – whiplash-related injuries, strains and sprains – suffered in a motor vehicle accident. The “cap” is now around $4,500, adjusted for inflation.
Injuries eligible for minor injury claims
If your injuries are determined to be within a range of “minor injury” guidelines created by the “cap” legislation, your injury claim would fall under the cap. However, other injuries, including broken bones, “mental injuries” such as post-traumatic stress, dental injuries, etc., don’t fall under the “cap.” In fact, even if your injuries are classified as “minor,” if they significantly disable you in your work, studies or day-to-day living, they may not fall under the “cap.”
Do you have questions about injury claims?
This area of the law is new and very complex, and no matter what an insurance adjuster may have told you, it’s in your best interest to contact a personal injury lawyer to determine how to proceed. Your lawyer will explain the legislation and its implications to you, and help determine whether your injuries may entitle you to other compensation that falls outside of the cap.
