Will Accident Lawyer In New Westminster Explains Minor ICBC Caps?
According to accident lawyer in New Westminster, the new law might lead to viewing of posttraumatic stress disorder, chronic pain or concussion as mild sprain. The law could deem these as minor injuries. The Insurance Amendment Act for motor vehicles created class for minor injuries so the victims with deemed minor injuries would have capped or reduced compensation. Such cap relates to non-pecuniary damages, intangible losses like suffering and pain or loss of life’s enjoyments. This cap is not for lost income, medical expenses and similar damage types so according to car accident lawyer in New Westminster it is still possible to make such claims.
There is a starting point for cap on the non-pecuniary loss related to minor injuries and every year there is going to be a reassessment. Here you have to remember that minor injury does not refer to any medical term. The act created this to set the cap scope. The definition of minor injury as per the act includes strains, sprains, lacerations, abrasions, and contusions. In case of serious and permanent disfigurement or impairment, it does not remain minor and cap does not apply.
Cases subject to this new cap can gave any of following three outcomes according to ICBC lawyer in New Westminster.
• Zero cap because injury does not have legal specification as minor
• Cap because of specification of injury as minor
• No cap due to permanent serious disfigurement or impairment
Naturally, there is much debate on the determination of impairments as serious. This term might determine whether the cap applies to particular cases. Ever since the new act there has been much speculation among health care providers and the lawyers regarding the definition of terms as serious impairment and minor injuries. Regulation related to Minor Injury expands definition of minor injury and gives a narrow definition of serious impairment as personal injury lawyer in New Westminster finds. This means that more of the cases are going to fall into minor-injury category and fewer cases under the serious impairment bracket. The definition of serious impairment is as follows.
• Substantial incapacity to perform essential tasks related to school, work, and daily life.
• The primary impairment cause was the car collision.
• It is an ongoing impairment.
• Substantial improvement is not possible.
There is also an expansion of minor injury definition with addition to list of the specified injuries. According to injury lawyer in New Westminster, this is not just about sprains or scrapes but they included whiplash, psychological conditions, and concussions. The last two are in the minor category only when after 16 weeks the victim regains the capabilities fully, does not have substantial incapacity to perform various essential tasks. It is difficult to diagnose concussions and psychological conditions though. For more information visit Our Website