The Minor Injury Regulation (MIR) has been updated for 2023, and thus the 2023 Minor Injury Cap amount has been updated. For accidents occurring on or after January 1, 2023, the minor injury cap in Alberta is $5,817. This is a 6% increase from the 2022 number. This announcement was made via a bulletin by the Superintendent of Insurance. This number is released annually and represents the maximum amount that can be claimed for non-pecuniary damages for minor injuries sustained in motor vehicle collisions in Alberta.
Why Does The Whiplash Cap Amount Change Every Year?
The MIR requires an annual adjustment to the total amount recoverable as damages for non-pecuniary loss for minor injuries sustained by a claimant as a result of an automobile accident. This is often referred to in conversation as the whiplash cap, soft-tissue injury cap, injury cap, or minor injury cap. The annual adjustment is effective January 1 each year. The amount of any adjustment is in accordance with the annual change in the Alberta Consumer Price Index. Thus, it changes so that the value of the award is consistent with the value of money in the year the accident took place. In 2004, Alberta enacted the Insurance Act Minor Injury Regulation. This regulation capped total damages recoverable for minor soft tissue injuries. The maximum payout was $4000 in 2004 and has increased each year. Please read our blog about what this number means and things to consider if you believe you have suffered an injury due to a motor vehicle collision and think your injury may be affected by the whiplash cap.
What Was The Minor Injury Cap Amount in Previous Years?
The Minor Injury Cap amount for previous years is available in this table:
|Date Range||Minor Injury Amount|
|October 1, 2004 to December 31, 2006||$4000|
|January 1, 2007 to December 31, 2007||$4114|
|January 1, 2008 to December 31, 2008||$4339|
|January 1, 2009 to December 31, 2009||$4504|
|January 1, 2010 to December 31, 2010||$4518|
|January 1, 2011 to December 31, 2011||$4559|
|January 1, 2012 to December 31, 2012||$4541|
|January 1, 2013 to December 31, 2013||$4725|
|January 1, 2014 to December 31, 2014||$4777|
|January 1, 2015 to December 31, 2015||$4892|
|January 1, 2016 to December 31, 2016||$4956|
|January 1, 2017 to December 31, 2017||$5020|
|January 1, 2018 to December 31, 2018||$5080|
|January 1, 2019 to December 31, 2019||$5202|
|January 1 2020 to December 31, 2020||$5296|
|January 1 2021 to December 31, 2021||$5365|
|January 1 2022 to December 31, 2022||$5488|
|January 1 2023 to December 31, 2023||$5,817|
How Do I Know If My Injuries Are Capped?
No two injury cases are alike, and this area of law is very complex. If your insurance company advises that your injuries fall under the Minor Injury Regulation, you should get the opinion of an injury lawyer. There are scenarios where a seemingly minor injury can greatly impact your quality of life. In such scenarios, your injury claim may fall outside the minor injury cap. Regardless of what you have heard or are being advised by your insurance company, you should discuss your situation with an injury lawyer. James H. Brown and Associates offers free injury claim evaluations.
For reference, a soft tissue injury may not be subject to the 2023 Minor Injury Cap if:
- It limits your ability to work, attend school, or perform other essential tasks.
- It has not improved within three to six months.
- It is not expected to improve (i.e.: your injuries result in a permanent disability).
Most importantly, the Cap only limits damages awarded for pain and suffering. The minor injury cap may not limit other types of damages, such as: loss of income, inability to perform housekeeping tasks, and long-term care expenses. Understand your rights, and talk with a member of the James H. Brown and Associates precedent-setting injury law team today.
What Is the 2023 Minor Injury Cap Amount?
The 2023 minor injury cap amount has been set at $5,817.
Questions About The 2023 Minor Injury Cap?
James H. Brown and Associates has over 250 combined years of injury law experience. We have represented thousands of clients who have suffered soft-tissue injuries. We understand the complexities of the cap, and can help you understand your rights. We offer free injury claim evaluations, and if we open your case and it does fall under the minor injury cap, we do not charge you any fees. We call it our Whiplash Cap Guarantee. If you have questions about the minor injury cap, do not hesitate to contact us today.