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troutman · 11-13-2013, 10:01 AM

http://www.millerthomson.com/assets/...egulations.pdf

Three sets of comprehensive regulations come into force in Alberta as of October 1st 2004. These new regulations will radically change the compensation system for accident victims.

Personal injury lawyers need to review and understand these changes. Now more than ever
accident victims will require excellent legal representation to ensure that their rights are
protected. The regulations are intended to reduce the amount paid out by insurers to accident
victims for soft-tissue injuries. This will occur. It is our duty to ensure that all accident victims
are aware of their rights and are dealt with fairly.

Insurers will be tempted to declare claimants as healed after submitting to the Treatment
Protocols and will likely be reluctant to pay for further treatment.

Insurers will also be tempted to over-classify injuries as minor due to the lower non-economic
damages pay-out. As in Ontario there will need to be several court decisions regarding the
definition of minor injury in order to clarify what type of cases will be capped.

It will likely be uneconomical, at current contingency fee rates, to represent accident victims
whose claims are subject to the minor injury cap. However, if an accident victim has other non-
minor injuries or other pecuniary losses, the case may be economical despite the cap on non-
economic damages. Case selection will be critical but will lead to fewer accident victims being
represented. Whether these regulations lead to lower insurance rates for most Albertans
remains to be seen

Early cases offer some guidance as to when a claim will fall within the cap in Nova Scotia, Alberta, New Brunswick and Prince Edward Island.
http://www.claimscanada.ca/issues/ar...aid=1000405449

The truth about insurance caps
http://www.theglobeandmail.com/globe...rticle1376575/

11-13-2013, 10:01 AM	#14
troutman Unfrozen Caveman Lawyer Join Date: Oct 2002 Location: Crowsnest Pass Exp:	http://www.millerthomson.com/assets/...egulations.pdf Three sets of comprehensive regulations come into force in Alberta as of October 1st 2004. These new regulations will radically change the compensation system for accident victims. Personal injury lawyers need to review and understand these changes. Now more than ever accident victims will require excellent legal representation to ensure that their rights are protected. The regulations are intended to reduce the amount paid out by insurers to accident victims for soft-tissue injuries. This will occur. It is our duty to ensure that all accident victims are aware of their rights and are dealt with fairly. Insurers will be tempted to declare claimants as healed after submitting to the Treatment Protocols and will likely be reluctant to pay for further treatment. Insurers will also be tempted to over-classify injuries as minor due to the lower non-economic damages pay-out. As in Ontario there will need to be several court decisions regarding the definition of minor injury in order to clarify what type of cases will be capped. It will likely be uneconomical, at current contingency fee rates, to represent accident victims whose claims are subject to the minor injury cap. However, if an accident victim has other non- minor injuries or other pecuniary losses, the case may be economical despite the cap on non- economic damages. Case selection will be critical but will lead to fewer accident victims being represented. Whether these regulations lead to lower insurance rates for most Albertans remains to be seen Early cases offer some guidance as to when a claim will fall within the cap in Nova Scotia, Alberta, New Brunswick and Prince Edward Island. http://www.claimscanada.ca/issues/ar...aid=1000405449 The truth about insurance caps http://www.theglobeandmail.com/globe...rticle1376575/ Last edited by troutman; 11-13-2013 at 10:05 AM.