587-819-1279

BLF AB LAW

FREE CASE EVALUATION | 1-800-375-7939

Understanding The Changes Done To The Minor Injury Regulation November 19, 2018

Since 2004, the Minor Injury Regulation has served as a way to compensate people for less serious injuries sustained during car accidents. The cap on the general damages under this regulation has always limited the monetary amount paid to the injured, however the cap has never applied to income loss, cost of future care, medical expenses, future treatments costs, or loss of housekeeping capacity.As of 2018, the cap has been set at $5,080 for pain and suffering damages resulting from a motor vehicle accident.

May 17th of 2018 marked the day at which further changes to the Minor Injury Regulation was announced. In the announcement, it was stated that the changes would be made to provide further clarification in regards to which symptoms and injuries would be capped. Since June 1st of 2018, all motor vehicle accidents have abided by the new changes.

Knowing What Injury Claims Will Be Capped Under Minor Injury Regulation

There is a selection of documents which a personal injury lawyer in St. Albert or insurance adjuster will need to analyze, before they can determine whether your injury claim will be capped or not. It is important to ensure that your lawyer knows all the details of the claim, before you ask him to file it. Among these documents are your medical records, the Diagnostic and Treatment Protocols Regulation, and the aforementioned Minor Injury Regulation.

Under the updated regulation, a minor injury is specified as either a sprain, strain, or whiplash associated disorder injury. These have to be caused as a result of a motor vehicle accident and pose as no serious impairment on your ability to work and navigate daily life.From here, the Minor Injury Regulation goes into further detail in regards to each listed injury. Your lawyer would know about the details and will be able to help you understand how it affects your claim.

A sprain is categorized as an injury stemming from the stretching or tearing of your ligaments.Similarly, a strain is categorized as an injury stemming from the stretching or tearing of a muscle or tendon.Whiplash Associated Disorder Injuries are categorized as neck injuries resulting from the sudden deceleration or acceleration of the vehicle. From the five grades of WAD, only WAD1 and WAD2 are capped under Minor Injury Regulation.WAD 1 is categorized as neck pain which still allows for general range of motion and strength. Swelling or muscle spasms do not occur in grade 1 WAD. WAD 2is categorized as neck pain which only allows for limited range of motion. Spasms, swelling, and tenderness in neck and shoulders are found in grade 2 WAD.