Alberta Minor Injury Cap – Update 2023

The Superintendent of Insurance Interpretation Bulletin 09-2022 confirms the annual increase in the Minor Injury Cap; the amount for non-pecuniary damages for minor injuries sustained in car accidents in Alberta.

Effective January 1, 2023, the maximum minor injury amount of $5,488 will be adjusted by six per cent, to $5,817. The new amount is applicable to minor injuries resulting from automobile accidents that occur in Alberta on
or after January 1, 2023.

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 would like a free consultation to get answers about your specific situation. Continue reading

Update on Parental Negligence and Liability in Personal Injury Cases Involving Children

In an earlier blog post CAM LLP canvassed what happens when a child is injured while a passenger in a vehicle driven by a family member. A recent decision from the New Brunswick Court of Appeal, Edmondson v. Edmondson, 2022 NBCA 4, granted summary judgment to the legal representatives of a five-year-old child against his father for injuries suffered while a passenger on the father’s motorcycle, and found the father liable squarely on the basis of his parental negligence.

The case highlights the high degree of care that a parent must take while transporting their child, should the worst happen and they are in a motor vehicle accident. Continue reading

Fatal Accidents: Damages and Compensation for Wrongful Death of a Loved One

Losing a loved one is devastating. This article reviews your potential legal remedies as a result of wrongful death, but we know that no amount of money can replace your loved one.

We also recognize that the first step in dealing with your loss is to obtain emotional support from your family and friends, and to access necessary counselling support to help you cope with the grieving process.

Alberta Health Services has gathered some resources that you may find helpful here and additional resources are available through CAMH Edmonton. Your family doctor may also be able to connect you with local resources. Continue reading

No-Fault Auto Insurance in Alberta

Alberta’s advisory committee on insurance reform has recommended that the province change its auto insurance system to a no-fault system.  No-fault auto insurance is common in jurisdictions where government plays a larger role in people’s lives such as British Columbia and Saskatchewan. This system is inconsistent with the values of personal responsibility, self-determination, and fairness that Albertans hold dear. 

Experience in the U.S. and other provinces has also shown that no-fault doesn’t reduce premiums but leads to higher costs and fewer protections and civil rights for Albertans.  A no-fault insurance means that if you’re hurt or your vehicle is damaged in an accident, your own insurance company will pay for some of your losses, no matter who caused the accident. Continue reading

2021 Alberta Minor Injury Cap Announced

What is the cap for soft tissue injury compensation claims in Alberta?

The Superintendent of Insurance, Sherri Wilson has announced the 2020 soft tissue (minor injury) cap amount.  Since 2004, minor soft tissue injuries, including minor sprains and strains, have been limited by the government.  In 2004 the minor injury cap was $4,000 and that has moved up due to inflation to $5,365 in 2021, a 1.3% increase from 2020.

Before 2004 a less severe injury that lasted 3- 6 months may have been worth anywhere from $5,000 – $15,000 for the pain and suffering.  Since that time, the minor injury cap puts a limit on these less severe injuries and is set each year by the government. Continue reading

Four Steps to Coping with Emotional Trauma after a Car Accident

No one thinks twice about treating physical injuries that result from a car accident. First responders arrive at the accident scene immediately to assess and address any physical damage. If you have whiplash, you’ll likely visit a doctor or chiropractor multiple times until your pain becomes manageable. If you experience long-term health effects, you’ll continue to visit a physical therapist to learn coping strategies for returning to normal life.

However, unlike physical injuries, emotional injuries can be easy to ignore. We often tell ourselves we just need to “get over” the anxiety and PTSD that often follow a car accident, even though we would never tell ourselves to “get over” a broken leg or a brain injury. Continue reading