“Just Whiplash?” Challenging Misconceptions about WAD and Your Right to Compensation

posted in: Minor Injury Cap + Personal Injury

When it comes to motor vehicle accidents, there is nothing “just” about it. Even a minor motor vehicle accident may have a significant impact on one’s life, such as suffering a Whiplash Associated Disorders (“WAD”). Should you experience such an injury, you can take steps to pursue compensation for your pain and suffering.

WAD and the Different Categories – WAD I, WAD II, WAD III

As defined by Alberta Health Services, whiplash can occur after the neck has had to move suddenly or beyond its normal range, causing pain and stiffness in the neck. While the symptoms of WAD vary, the following are some of the most common symptoms that are often linked to WAD:

1. Loss of range of motion;
2. Tenderness;
3. Fatigue;
4. Headaches;
5. Blurred vision;
6. Irritability; and/or
7. Difficulty concentrating.

With such a range of symptoms, WAD can be categorized based on the severity of signs and symptoms one experiences. For example, WAD III injuries are severe and often involve nerve and tendon injuries. Meanwhile, WAD I and WAD II are less severe because they involve muscle and ligament injuries.

In terms of compensation, individuals who experience WAD III receive the most compensation. This is simply because the injuries are more severe. However, it does not mean that individuals who experience WAD I and WAD II receive no compensation at all. As per the Minor Injury Regulation, the amount of compensation depends on whether the injury is chronic and how serious the impairment is on one’s life. To learn more about the minor injury cap, please read our blog post “Myths and Realities of the Minor Injury Cap.”

Right to Compensation

When a lawyer begins to prepare documents for their case, they review caselaw to see what courts have established for damages in terms of similar injuries. The following three cases focus on WAD, as well as highlight the other factors courts consider when assigning an award to a plaintiff.

In Ly v. Gilbert, 2001 Carswell Alta. 1524 (QB), there were two plaintiffs, male and female, who were both 36 years old at the time of a motor vehicle accident. Both plaintiffs sustained whiplash injuries to their spine and completed extensive treatment to help their pain. For the male plaintiff, his injuries were substantially resolved within a year, and he completed 86 treatments with a chiropractor and 24 massage treatments. For the female plaintiff, her symptoms were acute for about a year and resolved by the time of trial. She had completed 86 treatments with a chiropractor and 27 massage treatments. The Court awarded $32,705.17 (all numbers are adjusted for inflation) in non-pecuniary damages for the female, and $40,881.46 in general damages for the male. The difference in approximately $8,000.00 was because the male plaintiff continued to experience ongoing back symptoms and because his injuries were more serious than those of the female plaintiff.

In the case of Carlson v. Lippa, 2007 ABQB 33, the plaintiff was 20 years old at the time her vehicle was struck from behind. She sustained whiplash and a jaw injury, with the whiplash injury resolved within three months of the accident. In terms of the whiplash injury pain, she experienced upper and lower back pain, shoulder and arm pain, and neck pain. Her sleep, functioning at work, and recreational activities were all impacted as well. As such, the Court awarded her $14,423.59 in general damages for her whiplash injury.

The plaintiff in Schuppli v. MacLean, 2010 ABQB 521 was 50 years old when he got into a motor vehicle accident. While the defendants did not appear in trial and noted in default, the Court awarded the plaintiff general damages in the amount of $55,559.38. This award was reflective of the pain he suffered in his neck and back, as well as the headaches, dizziness, and numbness he felt in both hands. It was determined that he suffered a moderate whiplash injury, which he treated diligently, yet of which he continued to feel the impact.

These cases are just three of many examples that highlight what courts consider when determining compensation under general damages for a WAD injury. All cases are different, and while some whiplash injuries are subject to the minor injuries cap, many are not. It is also important to note that the Courts can award compensation under other heads of damages.

KMSC’s Injury Law Team is Here To Advance Your Whiplash Injury Claims

Don’t underestimate the impact of a “minor” injury like whiplash. Even WAD I and WAD II can cause pain, disruption to your life, and lasting complications. At KMSC, we know that every injury deserves attention, and we’re here to fight for the compensation you’re entitled to.

Don’t navigate the complex world of injury claims alone. Our team of experienced injury lawyers understands the nuances of soft-tissue injuries and Alberta’s Minor Injury Regulation. We’ll work tirelessly to build a strong case, using medical evidence and legal expertise to ensure you get the settlement you deserve.

Contact KMSC Law’s Injury Law Team today for a free consultation. We’re here to listen, answer your questions, and help you get back on the road to recovery.