Alberta’s 2025 Minor Injury Cap Announced: What the New $6,182 Limit Means for Injury Claims

posted in: Minor Injury Cap

In Alberta, the Minor Injury Regulation (MIR) places a cap on the compensation you can receive for certain types of injuries sustained in car accidents. This annual cap limits the amount of non-pecuniary damages (for pain and suffering) you can claim for temporary soft tissue injuries like sprains, strains, and whiplash.

In 2025, the minor injury cap amount has been updated from $6,061 to $6,182, which amounts to a 2.0% increase. This blog will cover the essentials of the cap, why it’s adjusted each year, and why consulting with an injury lawyer before accepting any capped settlement is crucial to ensure fair compensation.

What is the Minor Injury Cap?

The minor injury cap applies to injuries sustained in car accidents that are categorized as minor under the Minor Injury Regulation. For 2025, the cap amount has increased to $6,182. This means that, if your injury falls under the cap, the maximum amount you can claim for non-pecuniary damages is $6,182. It’s important to note that this cap only limits compensation for pain and suffering and does not affect compensation for lost wages, medical expenses, or rehabilitation costs.

Why Does the Cap Change Every Year?

The cap is adjusted annually to align with the Alberta Consumer Price Index, reflecting inflation. This process helps ensure that compensation remains fair despite economic changes. Since the cap was introduced in 2004 at $4,000, it has consistently increased to maintain the value of awards relative to the cost of living. For 2025, the increase of 2.0% raises the minor injury cap to $6,182.

What Injuries Fall Under the Minor Injury Cap?

Injuries that fall under the minor injury cap typically include temporary:

• Sprains
• Strains
• Whiplash-associated disorders (WAD)

However, not every soft tissue injury is automatically capped. The key factor is whether the injury leads to a “serious impairment” that significantly impacts your ability to work, study, or perform essential daily tasks. More severe injuries, such as fractures, spinal cord injuries, or traumatic brain injuries, are not subject to the minor injury cap. Furthermore, sprains, strains, and whiplash-associated disorders that are associated with chronic pain that does not resolve may not be subject to the cap.

When Does the Cap Not Apply?

If your injuries result in long-term impairment or significantly impact your daily life, you may be entitled to compensation beyond the cap. Essentially, if your injuries create serious limitations, the minor injury cap may not apply. For instance, chronic pain or functional impairments may qualify for additional compensation.

Why You Should Contact an Injury Lawyer Before Accepting a Capped Settlement

Insurance companies often offer quick settlements to resolve claims that may fall under the minor injury cap. While a fast resolution may seem convenient, it’s essential to consult an injury lawyer before accepting any capped settlement. Here’s why:

1. Assessing the Full Extent of Your Injury

Some injuries initially classified as minor can develop complications over time, leading to chronic pain or long-term impairment. An injury lawyer can help to ensure that your injuries are fully evaluated, providing access to medical experts and assessments to measure the true impact of your injury.

2. Preventing Low Settlement Offers

Insurance adjusters may pressure you to settle quickly, often at a lower amount than your claim may actually be worth. Injury lawyers understand the tactics insurers use to minimize payouts and will negotiate to ensure that any offer you receive reflects the full extent of your injuries and losses.

3. Guiding You Through Complex Regulations

Alberta’s Minor Injury Regulation is complex, and determining whether an injury is truly capped can be challenging. Injury lawyers have experience navigating this regulation and can accurately assess whether your injuries fall under the cap or qualify for additional compensation.

4. Exploring All Compensation Types

While the cap limits only non-pecuniary damages (like pain and suffering), you may still be eligible for compensation covering lost income, medical expenses, and rehabilitation. An injury lawyer can help you understand the full range of compensation options available for your situation.

Consulting an injury lawyer before accepting a capped settlement protects your rights and ensures that you receive fair and adequate compensation for all the ways your injury has impacted your life. At KMSC Law, our Injury Law Team has a proven track record of helping clients navigate the complexities of Alberta’s minor injury regulations and advocating for their rights.

Don’t Let the Minor Injury Cap Limit Your Options

If you’ve been injured in a car accident in Alberta, don’t let the minor injury cap dictate your future. Contact KMSC Law today for a free consultation. We’ll review your case, answer your questions, and provide honest, straightforward advice about your rights and potential compensation. Whether you’re dealing with a capped injury or something more serious, we’re here to help you achieve the best possible outcome.