The 2023 Minor Injury Cap, or as it is officially known, Alberta’s Minor Injury Regulation, is a limit imposed on non-pecuniary damages that you, as the injured victim, can recover for injuries that are deemed minor within this regulation. The Superintendent of Insurance sets this number and adjusts it each year based on the annual change of the Alberta Consumer Price Index. The maximum minor injury amount for the year 2023 is $5,817. The Alberta Government brought in the minor injury cap in 2004, and it was expanded in 2020. This post will review the key things you need to know about the minor injury cap. If you have questions about this post or your case, call The Hammer, Rick Mallett, at Hammer Injury Law.
Does My Injury Fall Within the Minor Injury Cap?
Suppose you are being told by your insurance provider or anyone that is not an experienced Edmonton injury lawyer with knowledge of the laws in Alberta that your case falls under the minor injury cap. This can become very confusing. There are many myths and misunderstandings about minor injury regulations in Alberta. You should consult a personal injury lawyer. A personal injury lawyer has only your best interests at heart and exists to fight for your rights. In comparison, an insurance provider has to factor in their profits and losses as well as other elements of their business – remember that the insurer for the at-fault driver is adverse to your interests and is obligated to protect the at-fault driver – not you.
The minor injury cap or “the cap” covers non-pecuniary damages such as intangible losses like pain and suffering. Additionally, as mentioned previously, it was expanded in 2020 to apply only to certain sprains, strains, and whiplash-associated disorders (WAD). Further, the new 2020 definition specifically includes some pre-existing injuries.
However, there are many nuances to this law. For example, the definition focuses on injuries that do not result in severe impairment. However, the main factor impacting your potential case is the level of impairment you experience due to your injuries. Does your injury limit your ability to continue doing your job at the level you were doing previously? If your injury limits your ability to work as you are used to, it is a serious impairment. Does your injury effect you at school or in your daily activities ? If so, your injury likely falls outside the cap. An injury causing impairment does not fall under the cap.
If you are uncertain if your injury is “capped,” you should contact a personal injury lawyer and get a free consultation to understand your rights. Rick Mallett has years of experience in Alberta and understands the Alberta Minor Injury Regulations.
How Does The 2023 Minor Injury Cap Impact Other Types of Damages?
As mentioned previously, the minor injury cap impacts non-pecuniary damages. However, it doesn’t affect pecuniary damages. Pecuniary damages are quantifiable or measurable losses such as loss of income, loss of housekeeping capacity, the cost of your ongoing and future care, or any out-of-pocket expenses you may incur due to your injuries.
Many motor vehicle accident victims mistakenly think “the cap” is the total amount for all damages that can be claimed. However, that is not the case. That is why it is always worthwhile to participate in a free consultation with an injury lawyer to discuss your case. The minor injury regulations in Alberta are complex and require a complete understanding of your situation to ensure that you are getting the accident injury settlement you deserve.
Hammer Injury Law Helps You Know Your Rights
Understanding your rights as an injury victim is crucial when you’ve been in a motor vehicle collision. Ideally, you would talk with an Edmonton injury lawyer before discussing your case with your insurance company. However, this doesn’t always happen. Nevertheless, knowing your rights and how the minor injury cap applies to your situation is important. Never sign anything from your insurance company without discussing it with an injury lawyer.
Accepting an offer from your insurance company could limit your ability to recover compensation later when the full extent of your injuries is more known. Soft-tissue injuries are unique, and you may not know how hurt you are until a few days or weeks after your accident. Additionally, you may not know how long it will take to recover completely.
Often, victims are motivated to get the accident and related injuries behind them. They are happy to accept a settlement and begin moving forward. However, this eagerness to move forward may be a long-term mistake. You may not know the full extent of your injuries, and thus this changes how much compensation you may be eligible for. It is best to contact an injury lawyer, understand your rights in your specific situation, and what options are available.
Hammer Injury Law Can Help You Understand The Minor Injury Cap
Have you been in a motor vehicle collision and believe that the minor injury cap affects you? Call The Hammer Rick Mallett; he will explain the minor injury cap and help you understand your options. This area of law is confusing, and each case is different. There is no obligation or cost to talk with Rick. Contact Hammer Injury Law Today!
