Ask a Litco Bro: How does the cap work if I have a whiplash injury?

Welcome back to another episode of Ask a Litco Bro! In this video, Litco Law’s seasoned Personal Injury lawyer and CEO, Todd Litwiniuk, addresses a top question we get asked about whiplash injuries and Alberta’s claims cap.

Because there’s a lot of misinformation out there about the cap on injury claims, many people mistakenly believe their claim is capped when, in fact, that may not be the case. Whiplash Associated Disorder (WAD) is a very common injury associated with Motor Vehicle Accidents, and it’s one that— depending on the severity of your injury— may not necessarily fall under Alberta’s claims cap. Watch the video below or keep reading to learn more!

“How does the cap work if I have a whiplash injury?”


Whiplash is another interesting injury, as it relates to the cap. It’s not simply a matter of going to a doctor or hearing from someone else that “you’ve got whiplash, and therefore your claim is capped.” Whiplash does have varying degrees of severity. So, they (medical practitioners) have set categories for whiplash and, depending upon what category you fall into and how severe injury is, that could greatly affect whether or not your claim is capped. In reality, most claims aren’t capped.

The most important thing that you can do is seek the advice of a professional and get a free consultation. Usually, that’s a lawyer like us, and they will be able to tell you whether or not your injury falls within the cap.

Knowing exactly what you’re entitled to receive for benefits and compensation can make all the difference in reducing your stress and supporting your recovery. Even if you’ve been told by an insurance company that your injury is capped, it’s important to seek a professional opinion! If you have questions about whiplash injuries and Alberta’s claims cap— or another legal question you would like an answer to— just give us a call, send us a message in the chat, or fill out our contact form and we’ll reach out to you. At Litco Law, your first consultation is always free— and if you do decide to work with us, we don’t get paid until you do!

In case you missed the last episode of Ask a Litco Bro, don’t worry— you can watch it right here.

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