Whiplash Settlement in Alberta: What to Expect

Although some people may consider them “minor injuries,” whiplash can have a profound impact on you and your family’s day-to-day life. While many people are fortunate enough to recover quickly, soft tissue injuries can sometimes result in chronic pain, or even permanent disability.

If you or a loved one are experiencing whiplash injuries resulting from an accident, James H. Brown and Associates is here to help. With over 200 years’ experience advocating for serious injury victims, we take pride in protecting our clients’ rights and helping them get the compensation they deserve. Find out what to expect and which actions to take following a whiplash injury below.

What is “The Cap” and How Could It Affect You?

If you’ve read about whiplash injuries in the media or online, you’ve likely heard about “The Cap.” The Cap is a collection of laws that play a large part in how whiplash settlements work, so they’re worth looking at in detail.

In October 2004, the Government of Alberta passed the Minor Injury Regulations and the Diagnostic and Treatment Protocols. These regulations collectively “capped” general damages for minor injuries to a maximum amount, adjusted each year for inflation. As of October 2020, the cap for injuries covered by these regulations is $5296.

The Cap applies to Grade I and II strains, sprains and whiplash (WAD) injuries caused a motor vehicle accident. These types of injuries will always involve the muscles and ligaments.

However, the Cap doesn’t cover every type of injury. Other soft tissue damage, including nerve and tendon injuries and temporomandibular joint dysfunction (TMJ), are not expressly capped, meaning there is no limit on the compensation you can receive. Injuries from non-motor vehicle accidents (including whiplash) aren’t covered either.


As you can see, whiplash settlements can be complicated! Because of the regulations imposed by the Alberta government, a high level of legal and medical expertise is necessary to successfully submit a claim and receive the compensation you deserve.

The good news is that you don’t have to fight alone. James H. Brown and Associates has over 200 years’ combined experience advocating for accident victims across Alberta. Our team of experienced injury lawyers know firsthand what it’s like to be seriously injured in a car accident. Since 1993, we’ve built our reputation as a precedent-setting injury law firm committed to standing up for your rights and attaining justice.

What Steps Should I Take Today?

If you or a loved one has suffered a whiplash-related injury, there are three steps you need to take right away:

  1. Seek medical attention. Your health is more important than anything; look after it first! Your healthcare provider will be able to diagnose and begin treating your injury, as well as document all physical damage related to your accident. Give them every detail! The better your injuries are documented, the easier it is to successfully prove the accident caused them.
  2. Document all losses and changes to your daily life. Just as your healthcare provider will document your injuries, you should also note any other damages you may have incurred. This includes damages to your vehicle, missed work, and other changes or expenses. Again, documentation (such as a detailed journal or receipts) is key to maximizing your settlement.
  3. Speak with an experienced injury lawyer (first!). As soon as an insurance company finds out you were in an accident, their agents will likely try to contact you and obtain a statement. You are under no obligation to provide a statement without speaking to a lawyer first. Reaching out to an experienced injury lawyer is the most effective way to protect your best interests and getting the compensation you and your family needs.

How James H. Brown Can Help

As a large, well-established law firm made up of a team of experienced injury lawyers, James H. Brown and Associates has the resources to support you and your family every step of the way.

No two accidents are the same; that’s why we offer a complete range of services for our clients, including:

  • An experienced team of injury lawyers with a proven record of success.
  • Investigation and evidence preservation services, including accident reconstruction.
  • Access to a network of multi-disciplinary professionals to support you through rehabilitation and recovery.
  • And much more!

Get started today by filling out our Whiplash Assessment form!

Looking for an Experienced Injury Lawyer?

Contact us today to learn about how James H. Brown and Associates can help you attain justice.

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