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GET THE COMPENSATION YOU DESERVE FOR YOUR WHIPLASH (AND OTHER) INJURIES FROM ALBERTA'S ORIGINAL EXCLUSIVE INJURY LAW FIRM - BRAITHWAITE BOYLE.
By providing answers to the 10 questions below, we can quickly tell you if we can help you recover the maximum compensation you are owed. We will respond ASAP after receiving this information to let you know if we think you have a potential valid compensatable case against a negligent party.
By providing answers to the 10 questions below, we can quickly tell you if we can help you recover the maximum compensation you are owed. We will respond ASAP after receiving this information to let you know if we think you have a potential valid compensatable case against a negligent party.
Want a FAST Response?We will provide an answer ASAP if you simply submit the answers to the 10 questions below. If we respond with a 👍(YES) we will arrange to meet with you in person (or virtually if you prefer) to sign the necessary intake documents to take on your case. It's that easy. There is no fee payable by you until we conclude your case. We don't get paid until YOU get paid. NOTE: Tap or "mouse-over" the ⍰ symbol next to each question below if you would like additional details about why we require this information to quickly assess your personal injury claim. Questions with a ✻ are required in order to successfully submit the questionnaire. All other questions are optional, but still important, and will help us evaluate whether we can take you on as a new client. |
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WHIPLASH FAQ
In 2004, the Alberta government introduced a piece of legislation called the Alberta Minor Injury Regulation, which placed a cap on the compensation available to an individual who sustained minor injuries in a motor vehicle accident (the “Cap”). This bold move was taken in an attempt to balance the rights of injured victims, with the increasing costs of providing and purchasing insurance. In the years prior to the introduction of the Cap, insurance companies lobbied the government for a change, arguing that, as a result of an increase in personal injury claims and subsequently, a spike in their costs to settle these claims, they had no choice but to increase insurance premiums. The insurance companies promised the government that by limiting the money that goes to injured Albertans by putting a cap on payouts for “minor injuries”, that they could reduce their own costs and consequently, lower insurance premiums to the general public. The insurance industry's scheme proved successful, and the Cap was created.
The reality of it is however, that the Cap may have been successful in decreasing the amount of personal injury claims in Alberta, and therefore, saving the insurance companies some money, however, the idea of lower premiums for average Albertans has remained a fallacy. Further, the creation of the Cap has denied thousands of legitimately injured Albertans the compensation they would otherwise be entitled to.
In 2004, the minor injury cap was set at $4,000.00. The law adjusts the Cap every year to account for inflation, and as of January 1, 2023, the minor injury cap for whiplash injuries in Alberta is $5,817.
Do not accept what insurance companies offer you without first obtaining legal advice. The best way to get the compensation you deserve is to work with our experienced medical and legal professionals.
Whiplash can be a very debilitating injury. While some accident victims recover quickly, many experience chronic pain or sometimes even life-long permanent disability.
If you have any questions or concerns, please contact Braithwaite Boyle at 1-800- 661-4902 and one of our lawyers would happy to assist you
The reality of it is however, that the Cap may have been successful in decreasing the amount of personal injury claims in Alberta, and therefore, saving the insurance companies some money, however, the idea of lower premiums for average Albertans has remained a fallacy. Further, the creation of the Cap has denied thousands of legitimately injured Albertans the compensation they would otherwise be entitled to.
In 2004, the minor injury cap was set at $4,000.00. The law adjusts the Cap every year to account for inflation, and as of January 1, 2023, the minor injury cap for whiplash injuries in Alberta is $5,817.
Do not accept what insurance companies offer you without first obtaining legal advice. The best way to get the compensation you deserve is to work with our experienced medical and legal professionals.
Whiplash can be a very debilitating injury. While some accident victims recover quickly, many experience chronic pain or sometimes even life-long permanent disability.
If you have any questions or concerns, please contact Braithwaite Boyle at 1-800- 661-4902 and one of our lawyers would happy to assist you
What is a Minor Injury?
In Alberta, the Minor Injury Regulation, a minor injury is defined as a sprain, strain, or WAD injury (whiplash associated disorder) caused by a motor vehicle accident, that does not result in a serious impairment. This definition is confusing, broad, and complex. Without the guidance of a personal injury lawyer, it can and likely will be used against you.
What is a “Serious Impairment”?
A sprain, strain, or WAD injury, will not be considered “minor” and will not fall subject to the Cap, if it renders you unable to perform the essential tasks or activities of your daily life, employment, or of an education or training program. This “serious impairment” must not be expected to “improve substantially” and must also continue for six or more months from the date of the accident. If these criteria are met, it is likely that you are suffering from a serious impairment.
What does this mean for me?
If you were injured in an accident in Alberta, and you were not at fault, then you are entitled to make a claim for compensation against the at-fault party. The compensation you can claim for falls into two categories: 1) general damages, and 2) special damages. General damages is the legal term for the compensation you get for your pain and suffering, which accounts for all of the injuries you cannot put a price tag on. Special damages, on the other hand, are things that you can easily calculate, such as: out-of-pocket medical expenses or the income you lost because of an inability to work.
The Cap only applies to the pain and suffering portion of your claim. In other words, if you suffer from a minor injury, and are subject to the Cap, the most you can sue the at-fault party for, is $5,817 for your pain and suffering (as of Jan. 1, 2023). The Cap does not apply to special damages, such as the ones mentioned above.
Why do I need a Personal Injury Lawyer?
At Braithwaite Boyle, we have dealt with thousands of cases in which an insurance adjuster or opposing counsel will claim that our client’s claim is capped, when it is in fact, not.
Every single day, we receive calls from individuals who were informed by an insurance adjuster that their claim is capped. More often than not, they are wrong.
There remains a great deal of misinformation surrounding the Cap, which is constantly perpetuated by insurance companies whose main goal is to limit the amount of settlements to Injured Albertans.
Only an experienced personal injury lawyer can help you obtain the compensation you deserve when you are injured in an accident.
*** Please note that this article is only to provide general information. It cannot be considered legal advice. If you have any questions or concerns, please contact Braithwaite Boyle at 1-800- 661-4902 and one of our lawyers would happy to assist you ***
In Alberta, the Minor Injury Regulation, a minor injury is defined as a sprain, strain, or WAD injury (whiplash associated disorder) caused by a motor vehicle accident, that does not result in a serious impairment. This definition is confusing, broad, and complex. Without the guidance of a personal injury lawyer, it can and likely will be used against you.
What is a “Serious Impairment”?
A sprain, strain, or WAD injury, will not be considered “minor” and will not fall subject to the Cap, if it renders you unable to perform the essential tasks or activities of your daily life, employment, or of an education or training program. This “serious impairment” must not be expected to “improve substantially” and must also continue for six or more months from the date of the accident. If these criteria are met, it is likely that you are suffering from a serious impairment.
What does this mean for me?
If you were injured in an accident in Alberta, and you were not at fault, then you are entitled to make a claim for compensation against the at-fault party. The compensation you can claim for falls into two categories: 1) general damages, and 2) special damages. General damages is the legal term for the compensation you get for your pain and suffering, which accounts for all of the injuries you cannot put a price tag on. Special damages, on the other hand, are things that you can easily calculate, such as: out-of-pocket medical expenses or the income you lost because of an inability to work.
The Cap only applies to the pain and suffering portion of your claim. In other words, if you suffer from a minor injury, and are subject to the Cap, the most you can sue the at-fault party for, is $5,817 for your pain and suffering (as of Jan. 1, 2023). The Cap does not apply to special damages, such as the ones mentioned above.
Why do I need a Personal Injury Lawyer?
At Braithwaite Boyle, we have dealt with thousands of cases in which an insurance adjuster or opposing counsel will claim that our client’s claim is capped, when it is in fact, not.
Every single day, we receive calls from individuals who were informed by an insurance adjuster that their claim is capped. More often than not, they are wrong.
There remains a great deal of misinformation surrounding the Cap, which is constantly perpetuated by insurance companies whose main goal is to limit the amount of settlements to Injured Albertans.
Only an experienced personal injury lawyer can help you obtain the compensation you deserve when you are injured in an accident.
*** Please note that this article is only to provide general information. It cannot be considered legal advice. If you have any questions or concerns, please contact Braithwaite Boyle at 1-800- 661-4902 and one of our lawyers would happy to assist you ***
If you or a loved one has been seriously injured in an accident, contact the Braithwaite Boyle Accident Injury Law Firm today. We’ve been serving Alberta, Yukon, and Northwest Territories for over 35 years.
CHOOSE A LOCATION
We have offices in Edmonton, Calgary, and Red Deer and can also provide in-hospital consultations for those injury victims that cannot come to our offices.
