Comments on: Alberta Courts Uphold Minor Injury Cap in Morrow v. Zhang http://www.thecourt.ca/2009/08/24/alberta-courts-uphold-minor-injury-cap-in-morrow-v-zhang/ The Court is the online resource for data and debate about the Supreme Court of Canada. Fri, 10 Feb 2012 22:34:40 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: C. Thill http://www.thecourt.ca/2009/08/24/alberta-courts-uphold-minor-injury-cap-in-morrow-v-zhang/comment-page-1/#comment-263074 C. Thill Wed, 16 Feb 2011 02:33:37 +0000 http://www.thecourt.ca/?p=1724#comment-263074 I was in an accident with a person who had at the time of our incident very willingly admitted that this was his 2 or 3 accident in that year. He drove off and I - now going on my 5th year of chronic pain will get - perhaps $4000.00 because of the CAP, despite the fact that I will never be able to be gainfully employed. Saddest thing is I'm not even 45 yrs old yet. How will I hold my grandchildren? I understand there are those that abuse the system, but what about the rest of us? Do we need to find another way to get fair treatment, if the legal system is letting us down? Our health is not something that should be CAPPED! I was in an accident with a person who had at the time of our incident very willingly admitted that this was his 2 or 3 accident in that year. He drove off and I – now going on my 5th year of chronic pain will get – perhaps $4000.00 because of the CAP, despite the fact that I will never be able to be gainfully employed. Saddest thing is I’m not even 45 yrs old yet. How will I hold my grandchildren?

I understand there are those that abuse the system, but what about the rest of us? Do we need to find another way to get fair treatment, if the legal system is letting us down?

Our health is not something that should be CAPPED!

]]> By: Eric von Stackelberg http://www.thecourt.ca/2009/08/24/alberta-courts-uphold-minor-injury-cap-in-morrow-v-zhang/comment-page-1/#comment-158500 Eric von Stackelberg Tue, 13 Oct 2009 16:53:18 +0000 http://www.thecourt.ca/?p=1724#comment-158500 Does not the fact that different insurance companies assess the amounts under the MIR cap differently not make this effectively unequal? You can get one insuror assessing at $166 for each month or a different insuror provides the maximum under the cap for six months of effect. In either case neither is consider the impact of the injury on the claimant. Also, based on this cap, if a person is suffering significant pain and injury for the full two years AND the insurance company agrees then based on the insurance companies policies they will could be offered approximately $5.48 per day (unadjusted amount) for the injury. Does not the fact that different insurance companies assess the amounts under the MIR cap differently not make this effectively unequal? You can get one insuror assessing at $166 for each month or a different insuror provides the maximum under the cap for six months of effect. In either case neither is consider the impact of the injury on the claimant. Also, based on this cap, if a person is suffering significant pain and injury for the full two years AND the insurance company agrees then based on the insurance companies policies they will could be offered approximately $5.48 per day (unadjusted amount) for the injury.

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