If you’ve had an accident and are in the process of making a personal injury claim, you may be wondering what the Alberta claim cap is, as that sets the limit to how much you may receive for your claim.
Setting a Limit on Minor Injury Claims
On October 1, 2004, Alberta Legislature made the Minor Injury Regulation a law, which set a $4000 cap on personal injury claims. This cap was created in an effort to try to balance the rights of injury victims with the increasing costs of purchasing and providing insurance. While the cap has proven to reduce the number of minor injury claims in Alberta, the reduction of automobile insurance premiums has been short-lived.
Claim Cap Increases for Inflation
While the law adjusts the cap for inflation every year, there still is confusion when it comes to the definition of a “minor injury” and if your injuries fall under the cap. Currently, the Alberta claim cap for 2021 is at $5365. If your injuries fall under the claim cap, your compensation for your injury is limited to the cap set for the year your accident occurred. You can see a historical view of what the claim caps have been for the past few years below.
Compensation for Injuries
When it comes to personal injury claims, if you were injured in an accident in Alberta that you are not at fault for, you’re entitled to make a claim. The compensation you’ll receive will fall into two categories; general damages and special damages.
- General damages refer to the money that you would get compensated for things that don’t necessarily have a price tag, such as your suffering and pain you may experience.
- Special damages refer to things that do have a price tag, such as treatments, medical care needed, or money lost due to the inability to work.
- Read more in our Guide to Damages for Personal Injury Claims
What is a “Minor Injury”?
The legal definition of a “minor injury” is something that often causes confusion. Based on the Minor Injury Regulation, a minor injury is defined as a strain, sprain, whiplash associated disorder (WAD), or psychological injury caused by a motor vehicle accident.
- A sprain is a stretching or tearing of ligaments.
- A strain is the stretching or tearing of muscle or tendon.
- WAD has five grades that classify the type of injury that has been sustained
While WAD is considered a minor injury, Alberta’s claim cap only applies to WAD 1 and WAD 2. Your claim also may not be outside of the accidental claims limit if you have sustained other injuries such as a concussion, spinal cord injury, brain injury, fractures, or post-traumatic stress disorder.
Claims Caps Limits [Historical Table]
Ask a Lawyer, No Obligations
We hope the information we provided has helped you to understand the claims limits of the Alberta Claim Cap. If you’ve sustained an injury and are in need of a personal injury lawyer, our team is happy to advocate for you. We strive to keep every Albertan informed and educated when it comes to issues surrounding personal injury.