The word injury is a complex term that can range from small scrapes and bruises to life-altering incidents. However, when most people think of injuries, they usually think of it as a one-time event that’s over as soon as it’s dealt with. But in some cases, at times, injuries can often last much longer than that, sometimes for months or even years after an incident occurs. So, what’s the difference between minor and major injuries in Edmonton? And how can you determine all of this by yourself? That’s where finding a lawyer experienced in handling motor vehicle accidents and personal injury matters. Sidhu Lawyers is one of Edmonton’s most trusted law firms, exclusively operating in personal injury law. Our main focus is to help make our client’s personal injury matters, legal processes, insurance settlements, and ongoing cases less stressful. We take pride in being able to help answer any questions our clients may have and are always here to ease your concerns.
WHEN DEALING WITH MINOR INJURIES
When dealing with minor injuries, each case is unique, and all relevant details, such as the accident, medical history, and so on, must be taken into account. Minor injuries are described as requiring less than 21 procedures and lasting less than 3-6 months. It is not a minor injury if it results in a serious disability. A serious impairment or disability means that there has been a substantial inability to perform the basic tasks of routine work, schooling, or usual activities of daily life that have persisted since the accident and are not expected to improve dramatically.
MINOR INJURY REGULATION IN 2004
The Alberta Government introduced the Minor Injury Regulation in 2004 to restrict claims for less serious injuries to non-monetary general damages such as pain and suffering. The MIR puts a cap on how much an injured person will recover in general damages for minor injuries. Soft tissue injuries, such as strains, sprains, and whiplash-related illnesses, TMJ injuries, and psychiatric conditions or complications resulting from sprains, strains, or whiplash injuries, are all considered minor injuries. Damage to the muscles, ligaments, and tendons of the body that does not interfere with a person’s work, leisure, or other activities on a long-term basis is referred to as a soft tissue injury.
MAJOR INJURIES
With regards to major injuries, they may also be categorized as severe; these are injuries that can result in long-term disability, death, or a permanently reduced quality of life. Major injuries necessitate immediate medical treatment. In addition to soft tissue injuries lasting six months or longer, the Alberta Court of Queen’s Bench has stated unequivocally that brain injuries, chronic pain cases, bone fractures, and chronic fatigue cases are not capped and are considered major injuries. The MIR characterizes “serious impairment” as, “a physical or cognitive function that results in a substantial inability to perform an essential task of someone’s employment, or of an education or training program, or of normal activities of daily living, which has been ongoing since the accident, and is not expected to improve substantially”. The cap limit for “minor injuries” is $5,365.00 as of 2021. You must speak with a lawyer about your injuries before accepting any offer from an insurance company. The cost difference between a capped and uncapped argument can end up being a substantial difference. Regardless of whether your claim appears to be subject to the Cap at first, your injuries may cause your claim to eventually fall outside of the Cap.
YOU ARE ELIGIBLE FOR COMPENSATION
You may be eligible for compensation for other types of damages regardless of whether the pain and suffering compensation is limited. However, keep in mind that the argument hinges on getting evidence, and if you lack proof, you will not be adequately paid. Compensation for loss of homemaking capability, compensation for income loss, and compensation for out-of-pocket expenses are the most common compensation categories. It’s also important to remember that the Cap only applies to general losses and does not apply to any other types of compensation you may be entitled to. Loss of income, loss of housekeeping capability, and other types of compensation may be available.
Speak with an accomplished Personal Injury Lawyer
On the off chance that you have been in a motor vehicle collision, due to the intricacy of the Minor Injury Regulation, and managing the pressure of sorting everything out all alone, it is significant that you speak with an accomplished Personal Injury Lawyer at Sidhu Lawyers who know about the subtleties of the legislation and to help you determine if in fact your claim is capped and to help you sort everything out and deal with this matter effectively. At Sidhu Lawyers, we are a group of highly credible and reliable lawyers with a strong team that dedicates our time to helping our clients get the service they need. If you are injured in an accident, do not hesitate to contact us at 1 (780) 666-0134 or send us a message at shawn@ngsidhu.com for 24-hour access to consultation and legal counsel.
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