If you’ve been injured in a car accident and have suffered a soft-tissue injury as a result, you may have heard about the “minor injury cap.” This regulation can significantly impact the compensation you’re entitled to receive. Here’s a breakdown of what this cap means for the year 2024 and why it’s crucial to speak to an injury lawyer.
What is the Alberta Minor Injury Cap?
The Alberta Minor Injury Regulation (MIR) places a cap on the amount of money you can receive for pain and suffering (non-pecuniary damages) if you sustain a “minor injury” in a car accident. As per the Superintendent of Insurance for Alberta, for accidents occurring after January 1, 2024, the minor injury cap is $6,061. This amount is adjusted annually based on inflation.
The MIR defines a minor injury as a soft-tissue injury, such as:
- Sprains
- Strains
- Whiplash-associated disorders (WAD)
November 2020 Minor Injury Regulation Change
After November 1, 2020, Alberta’s definition of “minor injury” became more expansive. It now includes not only sprains, strains, or WAD injuries directly caused by an accident (if they don’t cause serious impairment), but also any related conditions that develop as a result. These additional conditions, known as sequelae, can be both physical or psychological in nature. This change means that a broader range of injuries could fall under the minor injury cap.
Important: Not All Soft-Tissue Injuries are Capped
The minor injury cap doesn’t apply to all injuries. If your soft-tissue injury results in a serious impairment, it may not be subject to the cap. A severe impairment substantially interferes with your ability to:
- Perform your job or continue education/training programs
- Temporomandibular disorders (TMD) and other associated chronic facial pain
- Carry out normal daily activities
Discussing your case with an experienced injury lawyer is crucial to determine if your injury qualifies as a serious impairment and if the cap applies. It is important to discuss your case with an active injury lawyer in Alberta as this area of law is complex and has changed since November 2020. Many people mistakenly believe their case is capped, and it is crucial that you meet with an injury lawyer in Alberta who is familiar with the minor injury regulation and the cap.
Other Damages are NOT Capped
Remember, the cap only limits non-pecuniary damages for pain and suffering caused by minor injuries. You may still be entitled to compensation for other losses, such as:
- Past and future medical expenses
- Lost wages or income
- Housekeeping or home maintenance costs
The Importance of Seeking Legal Advice
The Alberta Minor Injury Regulation is a complex piece of legislation, and its interpretation can be nuanced. Even seemingly straightforward cases can become complicated due to the way the law defines “minor injury” and “serious impairment.” Here’s why consulting an experienced injury lawyer is crucial:
- Assessing Your Situation: An injury lawyer will carefully analyze your specific injuries and the circumstances surrounding your accident. They’ll determine whether your case falls within the minor injury cap or could potentially be classified as a serious impairment, leading to higher compensation potential.
- Maximizing Your Compensation: Even if your claim falls under the cap, a lawyer can build the strongest possible case. The cap only limits one type of damage. They’ll ensure you seek compensation for all other eligible losses, such as medical expenses, lost income, and more.
- Fighting for Your Rights: Insurance companies often try to minimize payouts. A skilled injury lawyer will advocate for you, negotiate with the insurance company, and work to secure the fair compensation you deserve.
Hammer Injury Law: Your Partner in Navigating the Cap
At Hammer Injury Law, we have deep knowledge of the Minor Injury Regulation and its complexities. Our team understands how the November 2020 changes widened the scope of injuries that can be capped, and we’ll fight to ensure your rights are protected.
Our founder, Rick Mallett, has a proven track record of successfully arguing for the exemption of soft-tissue injuries from the cap when they have a lasting and severe impact. We are committed to understanding the full extent of your injuries and the long-term consequences they may have on your life.
Don’t Wait – Call The Hammer
If you’ve been injured in a car accident, the minor injury cap shouldn’t stop you from fighting for the compensation you’re entitled to. Let Hammer Injury Law help you navigate the system. Contact us for a free consultation to discuss your case and get the answers you need.
