The minor injury cap for soft tissue injury compensation claims in Alberta has been updated for 2022. Why the change? Beginning in 2004, the government limited or “capped” the compensation (money) that an injured car accident victim can receive for certain minor injuries. The legislation outlining the limit is the Alberta Minor Injury Regulation. Each year, the cap is adjusted for inflation by the Superintendent of Insurance. The cap was originally set at $4000 when the Minor Injury Regulation became law on October 1, 2004. As of January 1, 2022, the maximum minor injury amount of $5,365 will be adjusted by 2.3 percent, to $5,488. The new amount applies to certain minor injuries resulting from automobile accidents that occur in Alberta on or after January 1, 2022.
Wondering what this means for your existing injury claim?
If your injuries fall within the cap, your compensation for the pain and suffering due to those injuries is limited to the amount the cap was set at for the year of your accident.
Here is a table outlining cap amounts since 2004:
|2004 – 2006||$4000|
If you would like to learn more about cap claims and how they work, we’ve written more in-depth on the topic here.
Is my claim capped?
The answer to this question often depends on your injuries, medical history, and the professional opinions of your medical providers. For this reason, it’s important that you don’t assume your injuries will fall under the cap or accept a low settlement offer without doing some research. It’s best to consult an injury lawyer (or a few) to get your answer. Albertans who mistakenly believed their claim is capped are often surprised at the amount of compensation they’re entitled to. That’s why we’re here: to protect your rights and take care of the complex legal work so you can focus on getting back to better.
It won’t cost you anything to speak with our legal team and get an opinion on whether or not your claim is capped. And if you do choose file a claim, you don’t pay us anything until your case is resolved. Contact us today to find out if your claim is capped.