If you or a loved one are considering your legal options after an accident-related injury, minor injury law, you’ve likely already heard about “The Cap.” Written into law in 2004, the Cap is a collection of laws that play a large role in how accident injury settlements (especially whiplash and soft tissue injuries) work in Alberta.
Although the Cap is commonly known, it is often misunderstood; it doesn’t cover every type of injury, nor does it limit every type of compensation you can receive after an accident. Read on to learn more about how Alberta’s minor injury cap works, as well as how James H. Brown and Associates can help you get fair compensation after an injury.
How Alberta’s Minor Injury Cap Works
In Alberta, “minor” injuries suffered in accidents often fall under the Minor Injury Regulations and the Diagnostic and Treatment Protocols, informally referred to as the Cap. These regulations serve to limit (or “cap”) the amount of compensation a person can be awarded for “pain and suffering” in accident settlements involving minor injuries, such as whiplash and soft tissue injuries. For accidents occurring on or after January 1, 2021, Alberta’s minor injury cap for pain and suffering damages is $5365. This amount may be adjusted over time due to inflation.
Cap Exceptions and Exclusions
It’s important to note that Alberta’s minor injury cap only applies to certain kinds of injuries and damages. Specifically, the Cap only limits “pain and suffering” damages awarded to accident victims. It does not limit or cap other types of compensation you’re able to receive. For example, damages awarded due to loss of income, inability to perform essential tasks, and long-term-care expenses aren’t limited to the Cap amount, since those types of damages go beyond “pain and suffering.”
Other exceptions and exclusions include (but are not limited to):
- Injuries deemed “chronic” (i.e.: injuries that haven’t healed, and have been deemed by medical professionals as permanent).
- Injuries that impair your ability to perform everyday tasks at work or at home.
- Injuries to your jaw classified as “TMJ dysfunction.”
As you can see, Alberta’s minor injury cap doesn’t necessarily limit your potential compensation to $5000 or less. All injuries suffered in an accident are worth pursuing; working with an experienced legal team can help accident victims understand their options and secure the compensation they need to recover after a serious accident.
James H. Brown and Associates’ Cap Guarantee
Since 1993, James H. Brown and Associates has proudly represented injured Albertans and their families navigate the road to recovery. Our team understands firsthand the toll serious injury can take on victims and families, and has over 200 years of combined experience standing up for Albertans’ rights in accident injury claims.
Over the last 30 years, we’ve successfully resolved countless soft tissue and whiplash cases while securing clients complete, fair compensation for their injuries. That’s why we’re able to offer our Cap Guarantee; if the damages you receive from your accident settlement are limited to pain and suffering and restricted by the Cap, we waive our fees*.
In addition to our guarantee, James H. Brown and Associates proudly offers a complete range of services and support for our clients throughout the legal process, including:
- An award-winning team of injury lawyers with an unrivalled record of success.
- Comprehensive investigation and evidence preservation services, including accident reconstruction and analysis.
- Access to experts able to determine the full extent of injuries and provide important documentation for your case.
- Strong relationships with organizations ready to help you and your family with rehabilitation and recovery.
- And much more!
Have You or A Loved One Suffered an Injury?
Contact us today to book a free, no-obligation consultation with James H. Brown and Associates’ injury lawyers.
