Even though many people consider them “minor,” soft tissue injuries can dramatically impact you and your family’s everyday life. While many are lucky enough to make quick and full recoveries, soft tissue injuries can sometimes result in permanent damage, chronic pain, or even disability.
If you or a loved one have suffered soft tissue injuries in an accident, James H. Brown and Associates is here to help. With over 200 years’ combined experience advocating for serious injury victims, our award-winning firm is ready to protect your rights and help secure the compensation you deserve. Read on to find out what to expect in a soft tissue injury settlement and how James H. Brown can help.
If you’re injured and need legal advice now, contact us today using our Whiplash Hotline.
“The Cap:” How it Works and How Could It Affect You
If you’ve done your homework on how soft tissue injury settlements work in Alberta, you’ve likely read about “The Cap.” The Cap can play a large part in how soft tissue settlements play out, so it’s worth looking at in detail.
The Minor Injury Regulations and the Diagnostic and Treatment Protocols became law in October 2004. These regulations collectively “cap” pain and suffering damages for minor injuries to a maximum amount, adjusted each year for inflation. As of October 2021, the cap for injuries that fall under these regulations is $5365. This amount may be adjusted over time to account for inflation.
The Cap applies to Grade I and II strains, sprains and whiplash injuries caused by motor vehicle accidents. These types of injuries will always involve the muscles and ligaments.
However, the Cap doesn’t cover every soft tissue injury. For example, nerve and tendon injuries and temporomandibular joint dysfunction (TMJ) are not capped, meaning there is no limit on the compensation you can receive. Injuries from non-motor vehicle accidents (including whiplash and other soft tissue injuries) aren’t capped either.
What Does This Mean for Me?
Every accident, injury, and settlement is unique; it’s impossible to say for certain how the Cap will affect your claim without getting professional medical and legal opinions.
The fact is, soft tissue injury settlements can be complicated. Accident victims will need a high level of legal and medical expertise to successfully submit a claim and receive a fair settlement. That’s why it’s absolutely essential for injured Albertans to seek medical attention and obtain the advice of an experienced injury lawyer after sustaining an injury.
What Steps Should I Take Today?
If you or a loved one has suffered a soft tissue injury, there are three steps you need to today to ensure your health and legal rights are protected:
- Seek Medical Attention. Nothing is more important than your health; look after it first! Your doctor, the emergency room, or other medical professionals will be able to diagnose and treat your injuries, as well as document all information related to your accident. Give them every detail! It may help your doctor find a difficult-to-spot injury. Not only that, but the better your injuries are documented, the easier it will be to successfully prove the accident caused them.
- Keep Track of Damages. Just as your doctor will document your injuries, you should also keep track of any other “damages” you may have suffered. This includes damages to your vehicle, missed days of work, medical expenses, and other changes you experience. Documentation (such as a detailed journal or receipts) is key to ensuring your settlement is fair and complete.
- Speak with an Experienced Injury Lawyer (First!). As soon as an insurance company learns you were in an accident, their representatives will likely try to contact you to obtain a statement. NEVER provide a statement to an insurance company without speaking to a lawyer first. Working with an experienced injury lawyer is the most effective way to protect your rights and ensure you and your family get complete, fair compensation for your injuries.
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How James H. Brown Can Help
For three decades, James H. Brown and Associates has remained committed to advocating for accident victims across Alberta. Our team of experienced injury lawyers understands firsthand what it’s like to be seriously injured in a car accident. Since 1993, we’ve built our reputation as a precedent-setting injury law firm committed to standing up for your rights and attaining justice.
No two accidents are alike. That’s why we offer complete legal services and support for Edmonton accident victims and their families, including:
- Over 200 years of combined injury law experience, including an unrivalled record of success in Alberta courts.
- Complete accident investigation services, including evidence preservation, accident reconstruction, and more.
- Multi-disciplinary experts and specialists to fully diagnose your injuries and determine long-term impacts.
- Strong relationships with Alberta organizations ready to assist with rehabilitation and recovery.
- And much more!
Get Started Today
Sound legal advice is the first step on the road to justice. At James H. Brown and Associates, we make it fast and easy to access the legal advice you need, starting today.
Unlike many large law firms in Edmonton, James H. Brown and Associates’ injury lawyers are ready to speak with you right away. No call centres, no intake teams, just the expert legal advice you and your family need.
Contact us today to speak with a lawyer and schedule a free, no-obligation consultation with James H. Brown and Associates.