Plaintiffs’ lawyers decry proposed Alberta auto regs

In a scathing press release, Alberta’s plaintiffs’ lawyers are lashing out at proposed changes to the province’s auto insurance system which would limit the right of those with minor injuries to collect “non-economic” damages.
The Alberta Civil Trial Lawyers Association says the proposed regulations, which cap “pain and suffering” awards for soft tissue injuries at $4,000, will “close the doors of the courthouse to the vast majority of those injured in auto accidents at the hands of negligent and reckless drivers”.
Those suffering from minor injuries will still be entitled to full economic losses income replacement, personal care, medical/rehabilitation costs – but be subject to the limit for non-economic losses that can be awarded at trial. Claimants can also dispute their categorization as a “minor injury” victim through access to their own physician or at court. Those suffering from severe injuries will sue to limits established by the Supreme Court of Canada.
The plaintiffs’ bar is also taking exception to the definition of “minor injury” versus “serious impairment”, with serious impairment deemed as “substantial impairment to physical or cognitive functions that result in substantial inability to perform employment, training or educational or daily living activities, with no reasonable expectation of substantial improvement”.
The association wants to see the limit set at injuries that heal in three weeks to three months, as suggested by Dr. Larry Ohlhauser, who was retained by the provincial government to advise on the definition of minor injury. Dr. Ohlhauser also established whiplash injuries as those which should heal within 12 to 18 months. “The new draft definition of ‘minor’ injury is clearly not minor, even by Dr. Ohlhauser’s definition,” states an association release.
As well, the plaintiffs’ bar is unhappy with provisions which, along with increasing no-fault accident benefits from $10,000 to $50,000, require medical assessments for those requiring treatment costing more than $600. The government proposal would set up pre-approved treatment plans for minor injuries, for which the claimant would not have to seek insurer approval. If the injury does not heal during the treatment plan, further assessment by an independent medical assessor would be ordered to determine future action. The trial lawyers say this process will subject claimants to “a maze of treatment protocols and assessments by “certified examiners”, possibly at their own expense”.