Is There a Cap on Personal Injury Claims?

13 Feb 2020 Legal Services

Knowing whether or not there is a cap on personal injury claims will help you better understand the compensation you will be able to receive for your injuries. At Linley Welwood, their team of personal injury lawyers will use their vast knowledge and experience to help you receive a fair settlement for your case.

Cap on Personal Injury Claims in BC

If you have been injured in a motor vehicle accident anywhere in BC, you may be entitled to compensation for your pain and suffering. The amount you may be entitled to will depend on your type of injury. As of April 1, 2019, the Government of British Columbia imposed a cap of $5,500 for pain and suffering for injuries out of a motor vehicle accident caused by another person. While pain and suffering claims for minor injuries are capped, other damages you can seek compensation for, such as medical expenses and loss of income, are not capped. Thus, it is important and valuable to have a personal injury lawyer evaluate your case.

Civil Resolution Tribunal

Since April 1, 2019, the BC Civil Resolution Tribunal (CRT) has jurisdiction in motor vehicle accident personal injury disputes where there is a “minor injury”. This means that disputes about benefits, damages and liability up to $50,000 will come under the jurisdiction of the CRT.

It may be difficult to determine on your own whether your injury falls under the Minor Injury Regulations which governs ICBC claims, consider reaching out to a personal injury lawyer to find out how much you are entitled to be compensated for, based on the formula set in the Minor Injury Regulations. The lawyers at Linley Welwood will help you receive the compensation you are entitled to.

If you would like to learn more about the cap on personal injury claims, or if you are interested in their personal injury legal services, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on their website.