Some car accident injury claims fall under a “minor injury cap”. This cap limits the maximum amount (“damages”) a person can receive for compensation for pain and suffering.
The Injury Cap for minor vehicle collision injuries in New Brunswick is $7500 for Pain and Suffering, with cost-of-living adjustments.
What is considered a Minor Injury?
Any of the following that do not result in serious impairment or in permanent serious disfigurement:
- a contusion;
- an abrasion;
- a laceration;
- a sprain;
- a strain; and
- a whiplash associated disorder.
Serious Impairment and Permanent Serious Disfigurement
“Serious Impairment” means an impairment that causes a “substantial inability” to perform the usual tasks of your job or education, despite efforts to accommodate you after your injury. It can also apply to your ability to do your everyday tasks.
“Serious disfigurement” is harder to define but generally applies to scarring that has an impact on your life, for example due to embarrassment.
“Permanent” means that to qualify as a serious impairment or disfigurement, your injuries must not be expected to significantly improve or heal.
Pain and Suffering
The cap only applies to the amount you can claim for pain and suffering. The CAP does not apply to any other heads of damages and such as loss of earnings and cost of future care.
Any questions about the cap or your insurance claim? Contact Us today for your free consultation at 1-800-606-2529. CLG Injury Law has been helping clients who have suffered injuries from car accidents for over 28 years.