By Ronald Jewitt, CAM LLP, Injury Lawyers.
(CAMLLP) – If you have been injured in a road accident, the insurance adjuster handling your claim may tell you that your injury is minor, “capped,” or “caught by the cap.” This means the amount of money for general damages you can recover for pain and suffering is limited to an amount set each year under Alberta’s Minor Injury Regulation.
Effective January 1, 2024, the minor injury cap was set at $6,061 for minor injuries resulting from automobile accidents that occur in Alberta on or after January 1, 2024.
Source: Alberta Superintendent of Insurance Interpretation Bulletin 09-2023
Minor injuries are generally soft tissue injuries, including damage to tissue, ligaments, muscles or tendons. However, whether an injury is “minor” and caught by the cap is not always straightforward; it depends on the evidence related to your injury and its impact on your life. For example, an injury that initially appears minor may well turn out to cause you long-term problems. So, just because an insurance adjuster says your injury is minor and damages are capped doesn’t make it so.
When is a “Minor” injury NOT capped?
If an injury, even one that might otherwise appear minor, causes you serious impairment, if that has been the case since the accident, and it is not expected to improve substantially, then damages for your injury are not covered by the Minor Injury Regulation (i.e., the cap). Serious impairment means that you can’t perform the essential tasks of your job or an education or training program, or you cannot do other normal activities of daily life.
Understanding whether your injuries really do fall within the cap is one of many good reasons to talk to a personal injury lawyer about your case. When it comes to protecting your legal rights, getting accurate, objective information is critical.
The Minor Injury Cap does not cap other damages
It’s also important to know that the minor injury cap doesn’t limit your ability to claim other types of damages, such as loss of income, cost of care, loss of housekeeping capacity or out-of-pocket expenses.
Questions about the Minor Injury Cap and how it affects you?
We are always happy to help people understand their options regarding an injury claim.
Contact us if you want a free, no-obligation consultation to get answers about your situation.
Ronald Jewitt is a partner at CAM LLP and has 30+ years of personal injury law experience.
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