Minor Soft Tissue Injuries & Minor Injury Regulations

Written by: Peter Quansah Jr.

Starting in 2004, the total damages recoverable for minor soft tissue injuries has been limited through the Minor Injury Regulation (MIR). The MIR puts a cap on the amount of damages payable for minor injuries or “whiplash-associated disorder (WAD)” that does not result in serious impairment.  “Serious impairments” are defined as a cognitive or physical impairment which have been ongoing since the time of the accident, are not expected to substantially improve and result in a significant inability to perform activities of daily living or work/school related activity.

The definition of a “minor injury” was updated recently to include clinically associated sequelae of sprains, strains or whiplash-associated sequelae of sprains, strains, or whiplash-associated disorder injuries, whether physical or psychological in nature, that do not result in a serious impairment, applicable to injuries that occur on or after November 1, 2020. Generally, injuries that last longer than 6 months will not be considered “minor injuries” by the Courts.

Determining whether you have a “minor injury” is important because there is a limit on damages recoverable on minor injuries, while there is no limit on damages recoverable for serious impairment. Do not accept that your injuries would be considered a “minor injury” until you have reviewed the matter with an experienced injury lawyer.

The Minor Injury Regulation is adjusted annually for the total amount recoverable as damages for non-pecuniary loss for minor injuries sustained by a claimant as a result of an automobile accident.  The minor injury cap is $5,488.00 in 2022. It’s also important to understand that the minor injury cap does not limit your ability to claim other types of damages such as loss of income, cost of care, loss of housekeeping capacity or out of pocket expenses.

Section B of your automobile insurance policy deals with accident benefits you are entitled to. If you suffered a what is considered at the outset to be a minor injury, you are entitled to 10 or 21 physiotherapy treatment visits, depending on the categorization of your injury which will be paid directly by your insurance company through no fault, section B benefits. Any treatment for “minor injuries” after 90 days from the accident, requires the approval of your automobile insurer.

You should speak with legal counsel as soon as possible after an accident in order to help you better understand what you may be entitled to. If you have any questions, please do not hesitate to contact the following members of our team at SB LLP who would be pleased to assist you:

Peter Quansah Jr., pquansah@sb-llp.com

 *Disclaimer: This article is not intended to provide legal advice and is for information purposes only.