Alberta Personal Injury Cap

Boston Motor Vehicle Accident Attorney - Alberta Personal Injury Cap

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

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Boston Motor Vehicle Accident Attorney

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 insurance lobby appealed the Calgary decisions. Sadly, the Court of petition overturned the decision of the Judge at first instance and reinstated the Cap.

The conference was that a Cap on such injuries had successfully reduced insurance premiums for the midpoint Albertan. Unfortunately, the cost of those savings fell upon one class of victims ie. Those with whiplash injuries. One could argue that the Alberta Government might have decided that all motor car accident victims who had suffered, say, a paraplegia injury could have had their damages capped at ,000.00 so as to save the midpoint Albertan insurance 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 insurance premiums, seemingly for the greater good.

The supreme Court decision not even to grant leave to petition the Court of petition 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puts an end to the argument, unless and until a added challenge is raised on other grounds or the legislation is repealed/amended.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 recompense for pain and suffering. If it is any recompense to the whiplash victims of Alberta, the ,000.00 cap is increased periodically for inflation - the recompense form now stands at ,504.00.

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