Starting April 1, 2019, the government will implement a cap on damages for pain and suffering (non-pecuniary damages) from “Minor Injuries” caused by motor vehicle accidents in British Columbia. The exact definition of Minor Injury is set out in section 101 of Insurance (Vehicle) Act and related regulations.
A Minor Injury includes the following physical injuries:
- 1stand 2nd degree strains and sprains
- some concussions
- whiplash associated disorders, and
- jaw injuries
In addition, the following mental conditions count as minor injuries, if they do not last for more than 12 months and make you unable to work, go to school, or perform activities of daily living:
- psychological and psychiatric conditions which do not result in an incapacity beyond 16 weeks
- some concussions; and
- pain injuries.
If it is possible that the injuries you have suffered fall within the definition of “Minor Injury”, your lawyer will need to file a claim with the civil resolution tribunal, while still holding open your claim in BC Supreme Court.