What is the Minor Injury Cap in Alberta?

27 June 2022

The minor injury cap in Alberta can limit the general damages that you would recover from some minor injuries or nonserious injuries. Generally, minor injuries are sprains, strains, or whiplash-related injuries you would suffer in any car accident. The Cap mount for minor injuries is around $5202 as per 2019 regulation.

It is widespread for the insurance companies to keep their victims informed that all soft tissue injuries are subject to the Cap. Insurance companies mainly do this for their own interests so that they do not have to pay fair compensation to the victim. But Alberta courts have commented that injuries like brain injuries, bone fractures, chronic pain cases, post-traumatic stress disorder, and other chronic fatigue cases are not included in the cab. Furthermore, injuries from nonmotor vehicle accidents are also not included in this Cap.

The state of the law, especially in this area, has become quite complex. It is essential that you first discuss the injuries with the lawyer before accepting any offer from the insurance company. The difference between the non-cap and cap claims is likely to be more than thousands of dollars. Your injuries might be search that your claim will generally fall outside the Cap even if it initially looks like the claim is subjected to the Cap.

It is also essential to understand that the Cap only applies to the standard damages and does not limit other compensation forms that you might be entitled to recover. Hence, the additional compensation forms might include income loss, housekeeping capacity loss, and out-of-pocket expenses.

Basics about minor injuries in Alberta

You most likely must have heard about the cab established in 2004 if you have read about the Alberta minor injury. The crap is mainly a collection of laws that play a crucial role in how accident injury settlement occurs in Alberta. You need to know that the Cap does not cover all types of injury or limit every kind of compensation you would get after the accident.

Several injuries suffered in accidents fall under the minor injury regulations in a diagnostic treatment protocol in Alberta. These regulations generally cap the compensation you can receive for pain and suffering in an accident settlement. So when people talk about the Cap or soft tissue injury claim cap here, they are talking about the regulations and the maximum settlement amount they can get for the same. The minor injury cap in Alberta is around $5488 on or after 1st January 2022. The amount is likely to be adjusted over time to account for inflation.

When is the Cap not applicable?

A soft tissue injury might not be subjected to the Cap if it limits the ability to work, attend a school, or perform essential work. The Cap is also not applicable if it has not improved within the first 3 to 6 months. Finally, the Cap is also not applicable if it is not expected to enhance the injuries or would lead to permanent disability.

The Cap mainly limits damages awarded for pain or suffering. It does not necessarily limit any other damages, light loss of income, inability to perform tasks, or long-term care expenses. To determine the full extent of the injuries, you need to get second legal advice, and it's one of the best ways to get maximum compensation.

Things you need to do if you are injured

You need to take the following steps if you are your loved one is injured.

Seek medical help:

Nothing is as important as your health, so you need to ensure that you connect with your doctor or another medical expert as soon as possible. Even the injuries that seem minor might deteriorate with time and lead to severe injuries. In addition, several insurance companies will claim that you are making up the injury claims if you do not check the injuries immediately.

Start documenting the changes

You need to document all the changes you experience if your accident prevents you from working or leads to other alters in your routine. In addition, you need to keep a journal of damages and lifestyle changes caused by accidents. This information will be necessary for getting complete compensation when it's time to make a claim and pursue a settlement.

Get legal advice as soon as possible

The accident law in Alberta is challenging, and one of the best ways to ensure that you get the compensation you deserve is to have a team of lawyers by your side.

Above all, you need to be aware of the insurance company. You need to ask yourself if you have the knowledge of different injuries and what claim you are worthy of. The minor injury cap mainly applies only to minor injuries, so you need to consider connecting with personal injury lawyers and using the Cap.