Exercising Your Legal Rights
Have you been involved in a motor vehicle collision and are unsure what you should do next? The first step is to find the right lawyer who can assess your case and assist you in determining adequate coverage as well as exercising your legal rights to obtain full compensation. At Sidhu Lawyers, we pride ourselves on prioritizing our clients’ needs and making the situation less difficult for you by responding to any questions or concerns you might have. The compensation that an injured motor vehicle accident victim may collect in Calgary has been reduced or “capped” for such minor injuries.
Alberta Minor Injury Regulation
The Alberta Minor Injury Regulation is the law that establishes the cap, this rule has caused a great deal of confusion among the general public and the legal community. One of the most difficult problems is determining whether you had a minor injury or not. After reading this, you should be able to clear up any misunderstandings and understand the current state of the law and how this cap can impact your personal injury claim.
When the Minor Injury Regulation took effect on October 1, 2004, the limit was set at $4000. Every year, the law changes the ceiling for inflation; in 2021, the cap will be $5365. If your accidents are covered by the cap, the liability for pain and discomfort is limited to the amount set by the cap for the year in which the injury occurred.
WAD Injury Classification
A minor injury is described as a sprain, strain, psychological, or WAD injury caused by a motor vehicle accident that does not result in severe debilitation under the Minor Injury Regulation. A sprain occurs when ligaments are stretched or torn. A strain occurs when a muscle or tendon is stretched or torn. The WAD classification system is used to classify neck injuries caused by rapid acceleration and deceleration. WAD is divided into five levels: Only WAD 1 and WAD 2 are used in Calgary.
Neck pain with normal range of motion and intensity, no swelling, and no muscle spasms are all part of WAD 1. Neck pain with reduced range of motion, spasm or swelling, tenderness in the neck and shoulders, likely due to sprained ligaments or muscle tears resulting in internal bleeding and swelling, are all symptoms of WAD 2.
Concussions and brain injuries and neurological injuries, fractures, internal bleeding, and vestibular injuries are all major injuries. Psychological injuries such as low mood, depression, and anxiety may be capped if they are caused by and resolve with a capped physical injury, but psychological injuries caused by injuries that are not defined as “minor” by the legislation, such as a fracture, a concussion, and so on, may not be capped.
Compensation Entitlement
If you were involved in an accident in Calgary that was not your fault, you might be entitled to compensation from the person who caused your injuries. The compensation you receive is divided into two categories: general damages and special damages. To summarise, general damages are the legal term for the monetary compensation you get for incidents like pain and suffering. On the other hand, special damages are the legal term for items like medical bills or missed wages due to being unable to work; they are easier to quantify.
Sidhu Personal Injury Lawyers in Calgary
This may appear to be stressful at first but finding an effective personal injury lawyer at Sidhu Lawyers, who will devote their complete attention and resources to help deliver the legal representation to help you obtain the settlement that you deserve, is what you need to make it easier on you and to help you understand the issues at hand.
Don’t hesitate to contact Sidhu Lawyers if you are injured in an accident, contact us at 1 (403) 800-0314 or send us a message at shawn@ngsidhu.com for 24-hour access to consultation and legal counsel.
