Understanding the Minor Injury Cap
What is a Minor Injury Cap?
In personal injury law, a “minor injury cap” typically refers to a legal limit on the amount of damages that can be awarded for injuries deemed minor. This cap is intended to limit the compensation for less severe injuries, focusing resources and legal attention on more serious cases.
What Are Minor Personal Injuries?
Under the updated regulation, minor personal injuries include:
- Abrasions (scrapes or scratches)
- Contusions (bruises)
- Lacerations (cuts)
- Sprains (injuries to tendons or ligaments)
- Strains (injuries to muscles)
- Whiplash Associated Disorders (WAD), including any related conditions, as long as they don’t result in serious impairment or permanent serious disfigurement.
Whiplash Associated Disorders (WAD) are further categorized into grades:
- Grade One: Neck complaints with no physical signs. (Compensation is capped)
- Grade Two: Neck complaints with musculoskeletal signs. (Compensation is capped)
- Grade Three: Neck complaints with neurological signs. (Compensation is NOT capped)
- Grade Four: Neck complaints with spinal fractures or dislocations. (Compensation is NOT capped)
In other words, if you have a Grade Three or Four WAD, there is no cap and you are entitled to full general damages.
Injuries Excluded from the Minor Injury Cap
Certain injuries are excluded from the minor injury cap:
- Broken bones and teeth
- Concussions
- Herniated discs
- Cartilage injuries
- Neurological injuries
- Psychiatric injuries, like post-traumatic stress disorder (PTSD)
Injuries not listed in the minor injury regulation, or those leading to serious impairments or permanent disfigurement, are also excluded from the cap.
Definition of Serious Impairment
A “serious impairment” is defined as:
- Ongoing and substantial inability to perform essential tasks of:
- Regular employment
- Training or education
- Daily living activities
- The impairment must not be expected to improve significantly and must consider any accommodations provided.
- It now includes cognitive function, recognizing that psychological factors can impact overall impairment even if physical functions improve.
Understanding the minor injury cap is crucial for anyone involved in a car accident in New Brunswick. By knowing the limitations and definitions outlined under the cap, individuals can better navigate the claims process and ensure they receive appropriate compensation for their injuries.
Helping Injured Clients
For over 35 years, CLG Injury Lawyers have helped thousands of injured clients. We fight for your rights to receive the maximum compensation you deserve. Providing you the Peace of Mind to focus on your Road to Recovery. Our experienced personal injury lawyers offer a free, no obligation case evaluation.
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