Minor Injury Regulation “Cap”
The Minor Injury Regulation was established by the Alberta Government in 2004 to regulate how much compensation an individual can receive if their personal injuries have been defined as minor injuries. A minor injury is classified as a sprain, strain and/or whiplash associate disorder (WAD I or WAD II) injury, and psychological injuries that arise from the sprain, strain/ and or whiplash disorder, that do not result in serious impairment or chronic pain. A serious impairment is the inability for an individual to perform the essential tasks of a person’s regular employment, training, education and normal activities that affect an individual’s daily living.
If it is determined that an individual suffers from minor personal injuries, the maximum amount that they could receive for pain and suffering (general damages) is limited to a cap of just over $5,000.00 with inflation. While the Minor Injury Regulation limits the amount of compensation receivable for pain and suffering (general damages), it does not limit the amount of compensation received for damages such as: medical expenses, loss of income, loss of housekeeping and cost of care.
What is important to note is that many sprain, strain/whiplash associated disorder injuries persist for longer than the usual recovery time for these injuries (4-6 months) and may be considered “chronic” thereby exempting these personal injuries from falling within the “cap”.
At Law Fifty-One we make it our priority to determine the severity of your personal injuries and verify whether your personal injuries fall under the personal injury cap. In the event that you suffer from personal injuries that exceed the minor injury “cap”, you may be entitled to a greater compensation for the your pain and suffering (general damages). To determine whether your personal injuries fall outside of the Minor Injury Regulation “cap”, we will review your medical history and have you assessed by a series of accredited medical professionals.
If you have been involved in a motor vehicle accident, contact Law Fifty-One to arrange a free consultation to discuss your personal injuries. We will be able to provide you with expert advice and legal representation that can help you maximize compensation with respect to your personal injury claim.
Contact a lawyer at Law Fifty-One to receive a free consultation. At Law Fifty-One, our lawyers are specialized in personal injury claims and will be able to provide you with the proper guidance to receive favorable compensation for the personal injuries and damages that you have sustained.