What the Cap? Part 2: Minor Injury Regulation in Alberta Continued
Building from our previous blog post on the matter, under the Minor Injury Regulation, certain injured auto accident victims are no longer entitled to fair compensation for their pain.
Most people hurt in car crashes suffer soft-tissue injuries - whiplash, sprains and strains to muscles, tendons and ligaments. If those are the only injuries you suffered in your accident, the soft tissue injury cap may mandate that you to receive only a small fraction of fair compensation for your pain.
On the other hand, if you suffered physical or psychological injuries in this accident other than whiplash, tendon, or musculo-ligamentous injuries or if those acute soft tissue injuries have evolved into chronic pain (pain persisting beyond 90 days post-accident despite proper treatment); make sure your doctors and therapists document those injuries.
DOCUMENT, DOCUMENT, DOCUMENT!
Without documented medical proof of these other injuries, or that your soft-tissue injuries have evolved into chronic pain, your pain & suffering compensation may be capped at a fraction of fair value.
If your soft-tissue or other injuries end up causing you permanent functional disabilities, arguably, your case will not be capped. Accordingly, it is crucial that you consider all of the occupational, educational, recreational, housekeeping and other activities you did before the accident. Document whether there are some of those activities that you are unable to do now or have difficulty or discomfort doing now, because of your injuries.
Doing this, and sharing this information with our office and with your caregivers, might mean the difference between ultimately recovering fair compensation as opposed to only 10 - 20% of what’s fair - we are potentially talking of a difference in the thousands of dollars.
CONNECT WITH EDMONTON INJURY LAWYERS WHO UNDERSTAND WHAT’S AT STAKE
The experienced team of personal injury lawyers at McCourt Law Offices is ready to champion your 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.