Compensation for pain and suffering is an area of law that has become highly complex in Alberta.
In October 2004, the Alberta Government passed the Minor Injury Regulations and the Diagnostic and Treatment Protocols. These laws collectively attempt to cap or limit damages for pain and suffering to a current maximum of $5,488 for Grade I and II strains, sprains and whiplash (WAD) injuries suffered as a result of a motor vehicle accident. Grade I and II strains, sprains, and whiplash (WAD) involve the muscles and ligaments. Other injuries including nerve and tendon injuries and temporalmandibular joint dysfunction (TMJ) are not expressly capped. Injuries from non-motor vehicle accidents are not capped.
The caps on pain and suffering are limited and should be determined on a case-by-case basis. We generally see higher awards for pain and suffering in situations where the injured person has received significant, life-altering injuries in an accident. So it’s important that you do not rely on what you are told by an insurance adjuster without first speaking with a qualified car accident lawyer.
Even if it initially looks like your claim will fall under the Cap, your injuries may be such that your claim will eventually fall outside the Cap. If you or a family member suffer a soft tissue injury in a motor vehicle accident, your best course of action is to consult with one of our experienced accident injury lawyers who will advise you on how best to proceed.
