What Does the Soft Tissue Injury Cap Mean For Me in 2023

If you’ve been involved in a motor vehicle accident (MVA), you may have sustained soft tissue injuries. Our lawyers know that these injuries, despite the name, can be life-altering. If a soft tissue injury does not improve within six months, this could be a sign that it will have lasting damage. In Alberta, anyone sustaining soft tissue injuries has a chance of claiming the Minor Injury Cap. Read on to learn about how a soft tissue injury lawyer can help you.

What Classifies as a Soft Tissue Injury?

Soft tissue injuries are damage to the body’s soft tissues, including muscles, ligaments, and tendons. Often this will manifest as sprains, strains, bruises and more and can be extremely debilitating, and some may end up with chronic pain or, in severe cases, a permanent disability. Soft tissue injuries are like any other injuries in that they take time to heal. In Alberta, these often fall under the classification of minor injuries. Because of this, there is something called a minor injury “cap” that will affect your settlement. In this case, soft tissue injury lawyers can help you fight for fair compensation.

What is the “Cap?” How Does It Work?

The “cap” refers to the Minor Injury Regulation’s maximum compensation that can be claimed for minor injuries sustained in a motor vehicle accident (MVA). The current cap for 2023 on minor injury claims is $5,817 and changes annually to adjust for inflation.

It applies to grade I and II soft tissue injuries resulting from an MVA but does not encompass all soft tissue injuries. For example, nerve and tendon injuries are not capped. You may receive higher compensation for these injuries depending on your specific case. Or, if your accident did not include a motor vehicle, it does not fall under this compensation cap. As you can see, injury law is complicated. Soft tissue injury lawyers know the ins and outs of the law and can assist you in your case to get you the compensation you deserve.

How it Affects Your Case

There are ways to tell if your injuries may not be capped, such as if you have limited ability to work or attend school if it has not improved in three to six months, or if it is not expected to improve. While these are guidelines, each soft tissue injury lawyer considers many moving pieces that can mean drastically different outcomes per case. There is no list we can give you to tell you exactly what to expect or any indication of what compensation you will receive without a personalized interaction with you. We do offer a free, no-obligation consultation where we can get a better understanding of what your case would look like. Again, it looks different for each case our soft tissue injury lawyers take on, so speak to us directly for information.

Example

Mary is a passenger in a car accident who sustains whiplash. It does not affect her ability to go to work and improves in three months with physiotherapy. Her injuries would fall under the minor injury cap.

Her brother, Steven, was the driver in this accident and sustained whiplash and soft tissue injuries in his back. He misses a few days of work due to back pain, which does not improve after six months of physiotherapy. The minor injury cap would not cap his injuries as it limited his ability to work, and he may never fully improve.

Speak to Soft Tissue Injury Lawyers in Alberta

James H. Brown and Associates is home to award-winning lawyers that specialize in injuries sustained in MVAs. We have helped thousands of clients with soft tissue injuries.

If you or a loved one has been involved in a motor vehicle collision and have sustained soft tissue injuries, our lawyers are available to contact today.Post navigation

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