Confused About Alberta’s Minor Injury Regulation?

In 2004, the insurance industry successfully lobbied the Alberta provincial government to “cap” damages payable to motor vehicle accident victims for minor injuries. Since that time, some insurance representatives have argued that the top damage award payable under the cap, which in 2017 is $5020, is awarded only to those who have suffered the most serious “minor injuries,” and they then attempt to bargain down from this minimal sum. Some insurance representatives may also take the position that your injuries clearly fall within the “cap,” and that damages that would be available if you filed a lawsuit are not payable.

As experienced plaintiff personal injury lawyers, CAM LLP would like to clarify how the minor injury regulation works. Continue reading

Soft Tissue Injury Cap Amount Announced by Alberta Government for 2017

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

The Superintendent of Insurance, Nilam Jetha, has announced the 2017 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 $5,020 in 2017.

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

Soft Tissue Injury Cap Amount Announced by Alberta Government for 2016

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

The Superintendant of Insurance, Mark Prefontaine, has announced the 2016 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 $4,956 in 2016.

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

2013 Minor Injury Cap Amount Announced

We don’t generally handle Cap Claims but here is some useful information about the 2013 and earlier Cap amounts set by the government.  When talking to the insurance companies, remember this is only for your pain and suffering damages.  You may be entitled to more for other heads of damages like out of pocket expenses, loss of income, loss of house keeping capacity, future care, etc.

Don’t take the insurers word that your claim is capped – they are biased.  Here is the Alberta government’s cap table since 2004:

Effective Date Range  Minor Injury Amount 
October   1, 2004 to December 31, 2006 $4,000
January   1, 2007 – December 31, 2007 $4,144
January   1, 2008 – December 31, 2008 $4,339
January   1, 2009 – December 31, 2009 $4,504
January   1, 2010 – December 31, 2010 $4,518
January   1, 2011 – December 31, 2011 $4,559
January   1, 2012 – December 31, 2012 $4,641
January   1, 2013 – December 31, 2013 $4,725
Continue reading