In this short video, a look at ‘capped’ soft tissue claims.
People will often call me and ask is my claim capped?
What they mean by that is, is the claim capped by the minor injury regulation in Alberta.
Almost every time I get asked this question, it is in circumstances where the individual doesn’t have a lawyer and they have been told by an insurance adjuster that their claim is capped and their injuries are ‘minor’.
In almost every case, the injury is not ‘capped’ and nor are the injuries ‘minor’.
The reality is that in Alberta, the courts have decided that if you have ongoing symptoms from a whiplash type injury that go beyond the first six months you have a chronic injury.
Basically a chronic injury is any injury that continues beyond six months and such injuries are not capped.
The courts will look at each claim on its own merits and determine what that claim is worth. I have another video where I discuss the value of claims and please have a look at that in order to see what the courts generally award for chronic pain cases from soft tissue injuries.
Simply understand that if your injuries include pain or stiffness in your neck or back and they are ongoing beyond six months THEN those injuries are NOT capped and you should talk to a lawyer about your injuries.