Advice on Minor Soft Tissue Injuries
You may have been told by an insurance company that your injury is minor and that it falls under the purview of Alberta’s Minor Injury Regulation. A whiplash injury can be “capped” but you should never proceed to accept the advice of anyone on this matter other than an experienced injury lawyer. Here’s why.
An abundance of case law is developing that interprets the Minor Injury Regulation. Specific injuries such as temporomandibular joint injury (TMJ) and chronic pain do not fall under this category. Evidence of a neurological impairment is an indicator that your injury is not, by definition, minor. Numbness and tingling in your arms, hands, fingers, or even sciatica, is often mistaken for whiplash. A bulged or herniated disc or a nerve root encroachment in the spinal cord is separate and distinct from a simple whiplash injury. An annular tear in one of the many discs in your spine is not a minor whiplash or musculoskeletal injury. If an extensive course of physical therapy is not helping to heal your soft tissue injuries, chances are that your soft tissue injury is not minor. Further medical investigation may be required (such as an MRI) to properly diagnose your injury.
Do not settle your case because you have been told that your injury is a minor injury without contacting me, Joseph A. Nagy, first. Minor injury cases are regularly litigated. Speaking with an experienced personal injury lawyer can mean the difference between an early fair settlement and lengthy protracted litigation, or a four figure and a six figure settlement!
See Court Sets Aside Release in “Minor Injury” Case.
Joseph A. Nagy