The insurance company says my injury is ‘minor’. Should I rethink their assessment?
The Minor Injury Regulations (“MIR”) provide a framework for considering whether injuries will be considered ‘minor’ by the courts and therefore have damages for pain and suffering ‘capped’ at $4,000. There have been no cases yet where the MIR have been interpreted by the courts.
If you have ‘soft tissue’ injuries (whiplash), there are numerous circumstances that would result in a finding that you do NOT have a ‘minor injury’. If the injury resulted in chronic pain such that your daily activities or employment are affected by your injuries, your injury would not be classified as ‘minor’. Also, if you suffer from a TMJ (jaw injury) or tinnitus (ringing in your ears), your injury is likely not ‘minor’. Similarly, if you suffer from depression or anxiety as a result of your injuries, they would not be ‘minor’ and would not be ‘capped’.
Before you discuss your injuries with anyone, call a lawyer for advice on the MIR.