Setting the Record Straight About Alberta’s Minor Injury Cap

If you or a loved one are pursuing compensation after a serious injury, you’ve likely already heard about “The Cap.” Although the Cap is common knowledge in Alberta, it isn’t very well understood. Many people believe that the Cap limits compensation from accidents to the point where it’s no longer worth it to pursue a settlement. However, this is rarely the case; the Cap doesn’t cover every type of minor injury, nor does it limit every type of compensation you can receive after an accident.

After three decades of helping injured Albertans stand up for their rights, James H. Brown and Associates remains committed to helping accident victims and their families secure complete, fair compensation while navigating Alberta’s minor injury cap. Read on to learn more about how Alberta’s Cap works, as well as how James H. Brown and Associates can help you secure the settlement you deserve after an accident.

How the Cap Works

In Alberta, some “minor” injuries suffered in accidents often fall under the Minor Injury Regulations and the Diagnostic and Treatment Protocols, better known as the Cap. These regulations limit (or “cap”) the amount of compensation a person can receive for “pain and suffering” damages in accident settlements involving minor injuries, such as whiplash and soft tissue injuries. As of February 2022, Alberta’s minor injury cap for pain and suffering damages is $5488. This amount may be adjusted over time due to inflation.

Importantly, the 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 other types of compensation you’re able to receive. For example, compensation for loss of income, inability to perform essential tasks, and long-term care expenses aren’t limited by the Cap, since those types of damages go beyond the legal definition of “pain and suffering.”

Other exceptions and exclusions include (but are not limited to):

Chronic injuries (injuries deemed by medical professionals to be permanent).
Injuries that impair your ability to perform everyday tasks at work or at home.
Jaw injuries are classified as “TMJ dysfunction.”

What the Cap Means for Injured Albertans

As you can see, although the Cap limits certain types of compensation accident victims are able to receive, there are plenty of exceptions. As such, no matter how minor your injuries may appear to be, it’s always worth getting legal advice to see if you may be entitled to a settlement.

That said, Alberta accident injury law is highly complicated. In addition to the Cap, there are numerous other regulations, obstacles, and challenges that accident victims will have to navigate in pursuit of justice. However, working with a knowledgeable and experienced legal team can help you understand your options, file appropriate claims, and secure the compensation you need after a serious accident.

James H. Brown and Associates’ Cap Guarantee

Since 1993, James H. Brown and Associates has proudly helped injured Albertans and their families navigate the road to justice and recovery. Our team understands firsthand the impacts of serious injuries on accident victims and their families, and has over 250 years of combined experience standing up for Albertans’ rights in accident injury claims.

Over the last three decades, we’ve successfully resolved hundreds of soft tissue and whiplash cases while securing clients complete, fair compensation for their injuries. Today, we proudly 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!