On May 17, 2018, the Government of Alberta announced new changes to the Minor Injury Regulation that will have an impact on motor vehicle accident claims.
The Order in Council can be found here.
The Minor Injury Regulation has a significant effect on the quantum of damages for persons injured in motor vehicle accidents, as it sets out the “cap” for “minor injuries”. Sometimes referred to as “soft tissue injuries”. The minor injury cap only applies to injuries caused by a motor vehicle collision.
The cap applies only to “minor” soft tissue injuries. The Minor Injury Regulation defines what is a minor injury. This cap only applies to damages for pain and suffering for a minor injury that does not result in a serious impairment from the strain, sprain or certain whiplash injuries caused by an automobile collision.
The Minor Injury Regulation does not place a cap on compensation for medical expenses, loss of housekeeping capacity, cost of care, or lost wages.
To determine how these changes to the Minor Injury Regulation may impact your personal injury claim, contact a personal injury lawyer. If you have been in a motor vehicle accident (MVA), your Edmonton personal injury lawyer will investigate and help determine if the soft tissue cap in Alberta applies to your injury claim.
The information provided on this website does not constitute legal advice and should not be construed as such. Moustarah & Company does not guarantee that this information is accurate or up to date. As a result, should you require legal advice, please contact a lawyer.