A minor injury is less painful than a major accident. This means that the amount of compensation money available for minor injuries would be lower. But, accidents do not always fall under the minor injury category in Canada.
For proper legal advice, contact an Edmonton injury lawyer if you live in Edmonton. This article also covers minor injuries such as soft tissue injury caps in Edmonton (Alberta), Canada.
What is a minor or soft tissue injury?
Minor injuries are those that do not cause severe damage such as broken bones and nerve injuries. Minor injuries include strains, sprains, and pain in the muscles, tendons, and ligaments.
What is a minor injury limit?
Soft tissue injuries fall under the category of minor injury. This refers to injuries that are related to muscles, ligaments and tendons. It does not involve nerve or bone injuries.
You can usually claim damages for any injury or accident. Alberta’s minor injury cap limits the amount of compensation available for pain and suffering.
An accident can result in minor, major or even no injury depending on the severity of the incident. The law requires that the person responsible for an accident must pay the victim compensation to help them recover from their distress. A person with a scratch will not be eligible for the same compensation.
The cap is the concept. The cap is the limit on the amount that can be paid to the victim for their distress. There is no cap if the injury is not minor.
But when does the cap become relevant?
What is the limit?
These are some examples of cases in which the cap is not applicable.
- Spinal cord injuries
- Broken bone injuries
- Chronic pain
- Traumatic brain injuries
- Traumas that are severe in mental, emotional or psychological aspects
What is Alberta’s soft tissue injury cap?
In 2004, the claim for the “cap” was made. This limit determines how much money an injured party can receive for pain and suffering following a motor vehicle accident.
The amount does not always match. The cap changes each year due to inflation and other factors.
When the new regulation was first published, the Alberta Treasury Board and Finance established a cap of $4000. The amount was set at $5,365 for the year 2021.
For 2022, the limit on minor injuries is $5,488.
Please note that the amount paid will be determined based on the year of incident and not the year of claim.
What are the exceptions to this rule?
- A minor injury can be considered ‘chronic’ if it does not heal within 6 months.
- If the victim is unable to perform their daily activities at work or home, the guilty party will be subject to paying more than the ‘cap amount’.
- Another exception to injury to the jaw is TMJ dysfunction.
Cap misconceptions
Many insurance companies assume that WAD (Whiplash Associated Disorder), is covered by the ‘cap. This type of injury, according to Alberta courts, is not ‘capped’ and the responsible party/person should pay the amount according the legislated amount.
Normal thinking is that an injured person’s only recourse after suffering an injury is to receive the ‘cap. In reality, the court will order that the guilty pay additional fines (if applicable). The ‘cap’ does not allow for the limitation of the amount of compensation that can be recovered.
Others may believe that their insurance company will understand all the details and pay the right amount. However, it is important that you have the moral courage and the knowledge to make a decision or sign any documents by the company. Before you agree to any settlement, consult your lawyer.
What can one do following an injury?
A sentence is based on evidence. The victim should collect all evidence, including photographs and video, after an accident. In the case, the witness on the spot and default party’s information can be helpful.
Safety is our number one priority. To determine their condition, the victim must have a medical checkup.
Calling a lawyer should not be delayed if the injured person is able to talk and decide whether or not they want to pursue a claim.
Before commenting publicly on the accident, talk to your personal injury attorney. Sometimes, a minor injury can turn out to be a serious one. It is important to take the time to review the claim and then respond.
Last words
It is obvious that the amount of the “cap” is not fixed by nature. The amount we see won’t last until the end of the calendar year.
To stay in touch with your lawyer, keep checking in. You can trust them to give you accurate and genuine answers to questions like “What is the cap on soft-tissue injury in Alberta?”
