Car accidents, also recognized as motor vehicle accidents or MVA’s, are the most common cause of personal injuries. Despite the misconception that high speed and velocity are required to cause a personal injury, we are seeing a growing number of serious personal injuries caused by low speed impact accidents. These personal injuries can range from mild, moderate, severe or debilitating depending on their presentation following a car accident and their effect upon that particular individuals’ ability to function.
Nonetheless, personal injuries sustained in any car accident can have a profound effect on an individuals’ life. Some of those personal injuries sustained by victims of car accidents include:
- Whiplash Associated Disorder (WAD I, WAD II, WAD III)
- Traumatic Brain Injury (TBI)
- Jaw injury such as temporomandibular joint disorder (TMD)
- Spinal cord injury
- Internal organ injury
- Nervous system injury
- Broken or fractured bones
- Psychological injury such as anxiety, post-traumatic stress disorder (PTSD) and depression
- Chronic pain
What Is My Case Worth?
If you have suffered personal injuries as a result of a car accident (motor vehicle accident), you have the right to seek compensation. In Alberta, WAD I, WAD II, and psychological injuries born out of a WAD I or WAD II injury, that resolve within roughly 6 months, are subject to the minor injury “cap”. In 2018, the “cap” for an award of pain and suffering was approximately $5,080.00.
However, WAD injuries that persist after 6 months may not be subject to the “cap”. Concussions, traumatic brain injuries, spinal cord injuries, internal organ injuries, nervous system injuries, broken and fractured bones, most psychological injuries, fibromyalgia, and chronic pain ARE NOT subject to the “cap”. Individuals who have suffered personal injuries that fall outside of the “cap” typically receive a much higher damages award.
While no two cases are the same, precedent personal injury case law in Alberta has confirmed that the above injuries do not fall within the “cap” and are viable personal injury claims to prosecute in the Alberta courts system.
At Law Fifty One, our complex understanding of the “cap” and experience prosecuting personal injury claims outside of the “cap” have allowed us to obtain fair and just compensation for our clients time and again.
Call Law Fifty One now at: 403-457-6727 today for a free consultation and for more information on how to get your personal injury claim started. Alternatively you can send us a quick message with your query.