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Not All Whiplash Injuries are Capped
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Soft tissue injuries can be extremely debilitating. Some people have the good fortune to recover quickly. Others, however, are not so fortunate. In some cases soft tissue injuries can result in chronic pain or even life-long permanent disability.
In October 2004 the Government of Alberta passed the Minor Injury Regulations and the Diagnostic and Treatment Protocols which collectively cap or limit general damages to a current maximum of $5,020 (plus yearly inflation adjustment) 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 soft tissue injuries including nerve and tendon injuries and temporomandibular joint dysfunction (TMJ) are not expressly capped. Injuries from non-motor vehicle accidents are not capped.
The state of the law in this area has become highly complex. Do not rely on what you are told by an insurance adjuster without first obtaining proper legal advice. 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 serious 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.