Litco Law Blog


Understanding Claim Caps

Understanding Claim Caps

“Is my claim capped?” is one of the top questions we get at Litco Law. The purpose of this article is to clear up confusion about the claim cap.

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Minor Injury? I Don’t Think So!

Minor Injury? I Don’t Think So!

The aim of this paper is to provide an overview of Alberta’s Minor Injury Regulation and a comparison with the parallel legislative schemes in New Brunswick, Nova Scotia and Prince Edward Island. The purpose of the Minor Injury Regulation is to limit the recovery of a plaintiff for pain and suffering relating to “minor injuries” sustained in a motor vehicle accident. In effect, this has limited the discretion of the judiciary in assessing damages and seems to fly in the fact of the core principle underpinning tort law, restitutio in integrum.

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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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