Capped Claims
If you have been involved in a motor vehicle accident in Alberta, and you are considering a lawsuit you will likely come to know that your injury — and ultimately the amount you may be paid for your claim — falls into one of two categories. If your injury falls within the definition of “Minor Injury” as set out in the Minor Injury Regulation1 under the Insurance Act of Alberta then the amount that you may be paid for your claim is controlled by that regulation.
On the other hand, if your claim does not fall within the definition set out in the Minor Injury Regulation then your claim — and the amount you may be paid for your claim — is controlled by common law.
There are several types of injuries that will, in all likelihood, take a claim outside of the Minor Injury Regulation. These claims include a loss of consciousness, brain injury, post traumatic stress, broken bone or broken bones, injury to jaw or to teeth, injury to your eyes or face, torn or partially torn ligaments, disability from work or your usual activities. If your recovery takes longer that six to 8 months your claim will likely be outside of the caps.
Keep in mind that the above is only a partial list of injuries that may take your claim outside the Minor Injury Regulation. You should always consult with a lawyer before you settle your claim. Lawyers at this firm will always give a free consultation.