Whiplash Cases

Whiplash and Soft Tissue Law in Alberta – The “Cap”

Whiplash and soft tissue injuries can range from mild to very serious.  Some cause the person problems for years and years.  If you have suffered a whiplash or soft tissue injury you should seek both medical and legal advice.

Whiplash cases may fall under the “cap” in Alberta, which is a special set of compensation rules passed by the Alberta government which place certain limits on the amount of compensation that can be claimed in certain circumstances.  These “cap” rules are found in the Insurance Act, the Minor Injury Regulations and in previously decided court cases.  If you have a whiplash or soft tissue injury that might involve the cap, talk to a Robert MacKay and get legal advice you can count on. 

If you are looking for a whiplash, soft tissue or “cap” lawyer in Edmonton – go with the experience!  Robert MacKay has been helping victims of whiplash for over 30 years.  Call today!

Edmonton Whiplash Lawyer

The creation of the Alberta Minor Injury Regulations has added an additional set of rules to the established personal injury law on whiplash type cases.  Here is the table of contents from the Minor Injury Regulations as published by the Queen’s Printer as of June 2014:

Table of Contents

1 Definitions

Part 1
Assessment of Injuries and
Determination of Minor Injury

2 Injuries must be assessed separately
3 Injury must be primary contributing factor
4 Determination of minor injury
5 Protocols not followed

Part 2
Damages Recoverable for
Non‑pecuniary Loss

6 Damages recoverable for non‑pecuniary loss for minor injuries
7 Damages recoverable for non‑pecuniary loss for minor and non‑minor injuries

Part 3
Certified Examiner

Division 1 – Assessment by Certified Examiner

8 Disagreement as to whether injury is or is not a minor injury
9 Scheduling of assessment
10 Assessment by certified examiner
11 Opinion of certified examiner
12 Prima facie evidence
13 Cost of assessment and opinion
14 Manner of giving notice

Division 2 – Certified Examiners Register
15 Register established
16 Eligibility requirements
17 Ceasing to be a certified examiner
18 Transitional

Part 4
Expiry and Coming into Force

19 Expiry
20 Coming into force

Definitions

Here are some of the definitions contained in the Regulation just to give some idea of the complexity involved.  Interpreting these definitions and applying them to soft tissue whiplash type cases really does require the knowledge of a lawyer and knowledge of the cases that have been decided by the courts since the implementation of the Regulations.

“accident” means an accident arising from the use or operation of an automobile;

“claimant” means a person injured as a result of an accident;

“minor injury”, in respect of an accident, means

(i) a sprain,
(ii) a strain, or
(iii) a WAD injury

caused by that accident that does not result in a serious impairment;

“minor injury amount” means the total amount recoverable under section 6 as damages for non‑pecuniary loss for all minor injuries sustained by a claimant as a result of an accident;

“prescribed” means established by the Minister under section 803 of the Act;

“serious impairment”, in respect of a claimant, means an impairment of a physical or cognitive function

(i) that results in a substantial inability to perform the

(A) essential tasks of the claimant’s regular employment, occupation or profession, despite reasonable efforts to accommodate the claimant’s impairment and the claimant’s reasonable efforts to use the accommodation to allow the claimant to continue the claimant’s employment, occupation or profession,

(B) essential tasks of the claimant’s training or education in a program or course that the claimant was enrolled in or had been accepted for enrolment in at the time of the accident, despite reasonable efforts to accommodate the claimant’s impairment and the claimant’s reasonable efforts to use the accommodation to allow the claimant to continue the claimant’s training or education, or

(C) normal activities of the claimant’s daily living,

(ii) that has been ongoing since the accident, and

(iii) that is expected not to improve substantially;

“sprain” means an injury to one or more tendons or ligaments, or to both;

“strain” means an injury to one or more muscles;

“Superintendent” means the Superintendent of Insurance appointed under the Act;

“WAD injury” means a whiplash‑associated disorder other than one that exhibits one or both of the following:

(i) objective, demonstrable, definable and clinically relevant neurological signs;

(ii) a fracture to or a dislocation of the spine.

Once again, if you have suffered and injury in an accident – go with the experience.  Call Edmonton injury lawyer Robert MacKay today!