Lawyer applauds bill to change auto injury payouts
P.E.I government tables bill to change definition of minor automobile injuries
A personal injury lawyer on P.E.I. is pleased the province wants to bring in changes that would increase some payouts for minor automobile injuries.
Pamela Large Moran said P.E.I.'s 2004 definition of soft-tissue injuries was too broad and unclear, leaving people with ongoing symptoms facing a maximum payout of $2,500 dollars.
Large Moran said new legislation tabled last week proposes changing the definition of minor automobile injuries that fall under a benefit cap. Part of the proposed changes would raise the minor injury cap to $7,500, bringing it in line with the other Maritime provinces.
She is concerned, however, that P.E.I.'s new sprains, strains and whiplash wording would mirror that of New Brunswick. She thinks the Island should adopt Nova Scotia's soft-tissue definition instead.
"In Nova Scotia, what they've put in to make it more clear, is that chronic pain is not considered minor personal injury," said Large Moran.
She said Nova Scotia has also set out that if an injury persists for a period of more than one year it doesn't fall under minor personal injury.