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What the Cap? Part 1: What Changed in Minor Injuries in Alberta?

The Alberta government has capped at about $5000 pain and suffering compensation for so-called “minor” injuries, stating that with government-mandated protocols treatments 90% of injured car crash victims should fully heal from their sprains, strains & whiplash within 90 days of the accident.

That said, Alberta’s Court of Appeal unanimously ruled that chronic pain (by medical consensus, pain that persists 3 - 6 or more months post-accident) is not capped. But you, the injured plaintiff, have the burden of proof. Put simply, if you are diagnosed by your doctor as suffering from chronic pain due to the referenced collision, and then referred by your physician to a chronic pain specialist, our legal team may be able to recover for you fair pain and suffering compensation in excess of the Minor Injury Regulation Cap. On the other hand, if you are not able to secure from your doctor written confirmation that you have been added to a chronic pain clinic wait list for your accident injuries, frankly you are in jeopardy of being grossly under-compensated for your injury claim. Therefore, if you continue to suffer pain due to the referenced motor vehicle accident over six months post-accident, we strongly advise you to see your doctor to discuss whether a chronic pain diagnosis and chronic pain clinic referral are indicated in your case. Connect With Soft Tissue Injury Lawyers in Edmonton Our dedicated team of experienced injury lawyers at McCourt Law Offices is just a call away. Together, we will fight for your right to full and fair compensation. Call us today at (780) 448-0011 or toll-free at 1-877-448-0011 to schedule a free initial consultation with one of our accident injury lawyers in Edmonton. There is no fee until you collect.

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