What is a "Minor Injury"?
"Minor Injury" is a legal term the Alberta Government created for certain specific injuries from motor vehicle accidents. If you suffered a sprain, strain, or whiplash-associated disorder, and the injury does not cause you "serious impairment" then the injury may be a Minor Injury.
Like Minor Injury, "serious impairment" is a legal term created by the Alberta Government. The term is broad but, in general, means that you cannot work, go to school, or take care of yourself because of the injuries.
How can you tell if your injury is a Minor Injury?
Figuring out if your injury is a Minor Injury can be complicated. If the injury is not a sprain, strain, or whiplash-associated disorder then it will not be a Minor Injury. These types of injuries include fractures, serious traumatic brain injury, paralysis, or the loss of a limb. In many cases, though, it will be less obvious, and need a detailed analysis. You will need to look at factors such as whether you needed to take time off work or from school – and if so, how long, whether the injuries persisted, and where your pain comes from.
What happens if your injury is a Minor Injury?
If your injuries are Minor, then in 2024 the amount you can recover for that injury is limited to $6,061.
If you suffered multiple injuries, and some are Minor and some are not, then the cap will only apply to the Minor injuries.
What happens if the other driver and I disagree that an injury is Minor?
If you have started a claim against the other driver, and they determine your injury is Minor, you may have to apply to have a determination made. This application is done through a "certified examiner" who will assess your injury and its impact on your life, and decide whether the injury is a Minor Injury.
Navigating the aftermath of a car accident in Alberta can be complicated. Watson Goepel's qualified lawyers can assist you in the process. If you have been injured in a car accident, contact us today for an initial assessment of your case.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
