07/07/2014 by Braithwaite Boyle
What is the “Cap” and How Does It Affect My Injury Claim?
The “Cap” applies to car accidents in Alberta where the injured party suffers statutorily defined minor injuries. Minor injuries are defined under the Minor Injury Regulation (MIR). The MIR only applies to motor vehicle accidents. The MIR came into effect in Alberta on October 4, 2004.
The “Cap” was originally set at $4,000 for pain and suffering damages payable to a Plaintiff injured in a motor vehicle accident. The “Cap” is adjusted annually for inflation. In 2014 the Minor Injury “Cap” is $4,777.00.
A minor injury is defined as a sprain, a strain or a WAD injury (whiplash associated disorder) that does not result in a serious impairment. Minor injuries are defined as soft tissue injuries that do not result in a serious impairment. They are classified as WAD 1 and WAD 2 injuries.
The Minor Injury “Cap” only applies to pain and suffering damages. The cap does not apply to other damages you may be entitled to recover, such as income loss, medication expenses and future treatment costs.
The “Cap” DOES NOT apply to major injuries. The MIR defines major injuries as broken bones or fractures, neurological injuries (WAD 3) or a fractured or dislocated spine (WAD 4) or an injury that results in a serious impairment. A serious impairment means an impairment of a person’s physical or mental functioning that results in a substantial inability to perform : (a) the essential tasks of the claimant’s employment, occupation or profession; (b) the essential tasks of the claimants training or education program which the claimant was enrolled in at the time of the accident; (c) the claimant’s normal activities of daily living which has been ongoing since the accident and which is not expected to improve substantially.
If you are injured in a motor vehicle accident, call Braithwaite Boyle today for your free initial consultation and speak to one of our experienced injury lawyers to get the help and advice you need.
Information provided by Melvin Crowson, BA, LLB.