The limits on settlement amounts for damages suffered as a result of motor vehicle accidents are also known as caps. This topic has been the subject of careful judicial examination across Canada for a number of years. Specifically, the narrow cap scheme has been in place in Alberta since 2004.
Courts in Alberta have upheld the constitutionality of regulations for minor injuries, and this is unlikely to change in the foreseeable future. With that being said, disputes over whether or not an injury should in fact be considered minor are going to be commonplace in the coming years. Crucially, in the province of Alberta, whiplash, strains, and sprains are considered to be minor injuries, unless it can be proven that they have resulted in serious impairment.
“In accordance with the Minor Injury Regulation (MIR) effective January 1, 2020, the maximum minor injury amount of $5,202 will be adjusted by 1.8 percent, to $5,296.” For a more detailed explanation, click here to view the full bulletin released by the Superintendent of Insurance for the Government of Alberta.
Talk to an Experienced Personal Injury Lawyer First
If you or your loved one has been injured as a result of the negligence of another person, you could be entitled to compensation for your suffering. Your insurance company may have already told you that your injuries are minor and that there is a limit to what you can settle for. It is in your best interest not to accept the advice of anyone other than an experienced injury lawyer. Our law firm guarantees that if we can’t get you outside the minor injury cap we will not charge you legal fees. We have obtained precedent-setting results for our clients on soft tissue claims, TMJ, and fibromyalgia.
Consulting with a personal injury lawyer can mean the difference between receiving a small or large settlement. An injury that causes serious impairment could be excluded from the minor injury cap. The evaluation of serious impairment includes several factors, including if your physical or cognitive function is impaired, and whether your sprain or whiplash injury is the primary element in your impairment. A specialist should also assess if the injuries cause a substantial inability to perform essential work tasks or the normal activities of daily life.
At James H. Brown and Associates we realize that soft tissue injuries can sometimes be more serious than injuries involving broken bones. Get our precedent-setting team on your side. We take whiplash seriously! If you have any questions regarding the Minor Injury Cap, and how it could affect the outcome of you or your loved one’s case, schedule a free consultation with the experienced and knowledgeable personal injury lawyers at James H. Brown and associates today.