WHIPLASH INJURY

WHIPLASH

Whiplash is a neck injury due to forceful rapid back and forth movement of the neck, like the cracking of a whip.  This motion can injure bones, discs, ligaments, muscles, nerves and other tissues of the neck.  Common signs and symptoms of whiplash include neck pain, stiffness and headaches. 
 
Whiplash and other soft tissue injuries can be extremely debilitating.  Often soft tissue injuries can deteriorate into chronic pain or even life-long permanent disability.  Never assume your whiplash injury will pass without being properly assessed by a qualified medical practitioner. 
 
WHIPLASH AND THE CAP
 
Whiplash injuries are classified by the severity of the injury.  
 
Starting in 2004, general damages for minor injuries may be subject to the CAP.  The amount is set each year by the government.  The 2019 maximum under the CAP is $5,202.  
 
It is important to remember that the CAP only applies to general damages for whiplash injuries and does not preclude recovery for lost income, out of pocket expenses and housekeeping.  
 
Some whiplash injuries are not subject to the CAP nor are other injuries including chronic pain, some forms of TMJ or a concussion.  It is often impossible to determine if an injury is subject to the CAP within the first few months following an accident.  Minor injuries could develop into chronic pain.  
 
Determining what injuries are subject to the CAP is a complex legal question.  The lawyers at Braithwaite Boyle have extensive experience in this area and we give our clients the peace of mind that we will maximize your recovery for all aspects of your claim.
 
If you have been injured in an automobile accident anywhere in Alberta, speak to a personal injury lawyer immediately.  Too often, injury victims deal directly with the insurer, accept the first amount of compensation that they are offered, and do not take all steps to ensure that they receive the compensation they need and are entitled to.  Further, the process of dealing with an insurer can be extremely time-consuming and confusing.