Alberta Personal Injury Cap

Accident - Alberta Personal Injury Cap

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With effect from October 1st, 2004, the Alberta Government decided that payment for pain and suffering connected with most whiplash injuries caused in a motor vehicle urgency would be worth a maximum of ,000.00. If the urgency had occurred on September 30th, 2004 the courts were likely to hold that payment payable would be significantly more - perhaps ,000 - ,000.00 - ,000.00 depending upon the severity of symptoms.

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Accident

In the summer of 2006, lawyers in Calgary acting for Plaintiffs Morrow & Pederson, successfully challenged the Cap (as it has become known) and (effectively) abolished it. Not surprisingly, lawyers for the assurance lobby appealed the Calgary decisions. Sadly, the Court of motion overturned the decision of the Judge at first instance and reinstated the Cap.

The seminar was that a Cap on such injuries had successfully reduced assurance premiums for the median Albertan. Unfortunately, the cost of those savings fell upon one kind of victims ie. Those with whiplash injuries. One could argue that the Alberta Government might have decided that all motor vehicle urgency victims who had suffered, say, a paraplegia injury could have had their damages capped at ,000.00 so as to save the median Albertan assurance premiums! No doubt there would have been an outcry in such circumstances, yet the principle is the same - the Alberta Government had decided that a section of community (in this case whiplash victims) will subsidize assurance premiums, seemingly for the greater good.

The consummate Court decision not even to grant leave to motion the Court of motion ruling effectively puts an end to the argument, unless and until a added challenge is raised on other grounds or the legislation is repealed/amended. This means that, all law firms in Lethbridge and throughout the Province of Alberta are bound by the Cap and its limit on payment for pain and suffering. If it is any payment to the whiplash victims of Alberta, the ,000.00 cap is increased periodically for inflation - the payment shape now stands at ,504.00.

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