Alberta 2021 Claims Cap

Jan 20, 2021

The cap for minor injury compensation claims in Alberta has been updated for 2021

With a new year comes an adjustment to Alberta’s minor injury cap. Wondering what this means for you? Here’s a little backstory. Back in 2004, the government limited or “capped” the amount of money that an injured car accident victim can receive for certain minor injuries. Alberta’s Minor Injury Regulation (MIR) regulates the limit for the cap. Every year, the cap is adjusted for inflation by the Superintendent of Insurance. The cap was originally set at $4000 when the Minor Injury Regulation came into effect on October 1, 2004. This law adjusts the cap each year for inflation. As of 2021, the cap is now set at $5,365 (a 1.3% increase from 2020). If your claim is already in progress, chances are these changes to the cap will not impact you. Compensation for pain and suffering from your injuries is based on the amount the cap was set at for the year of your accident.

Here’s a handy table of the cap amounts since 2004:

2004 – 2006 $4000
2007 $4144
2008 $4339
2009 $4505
2010 $4518
2011 $4559
2012 $4641
2013 $4725
2014 $4777
2015 $4892
2016 $4956
2017 $5020
2018 $5080
2019 $5202
2020 $5296
2021 $5365

Want to learn more about the cap?

Is your claim is capped?

This isn’t the type of question that a simple Google search or article can answer. A number of things need to be taken into consideration. The extent of your injuries, your medical history, and the opinions of your medical providers are all factors that determine whether or not certain minor injuries will be capped. It’s important – like several thousands of dollars in your pocket kind of important – to never assume that your injuries fall under the cap without first talking to a lawyer. Albertan’s who believe their claim is capped, or who have been misinformed by an insurance company, are often surprised by the amount of money they’re entitled to, and that we can recover for them. That’s why we’re here. We’ll protect your rights and take care of the complex legal work while you focus on getting back to better. It won’t cost you a thing to speak to one of our experienced Personal Injury lawyers to find out if your claim is capped. And if you do choose us, we don’t get paid until you get paid. Call or email us today for your free consultation, and find out if your claim is capped. We’re standing by, ready to take your call.


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    IMPORTANT! If you agree to an insurance company’s settlement offer, you give up your legal right to pursue a personal injury claim. It is best to assess the full extent of your injuries and how they will affect your life before you accept an offer. Please note that you have a maximum of two years from the date of the accident to file an injury claim in Alberta.

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