Interestingly, the court did not follow the same line of reasoning in Somers that Vickers did; instead, it was argued that the decision in Somers was restricted to the issue of
the non-pecuniary damages cap.
Not exact matches
To date, additional states have in place
caps on both pecuniary and
non-pecuniary damages, with certain states going so far as to
cap long - term disability payments to plaintiffs».
The idea of a soft tissue minor injury
cap on
non-pecuniary general
damages (pain and suffering) was a compromise by the government, who in general believed in the rights of individuals to be made whole when they are wronged.
If your injuries were caused by a motor vehicle accident, you should understand that ICBC has settlement guidelines for soft tissue injuries that are
capped at $ 15,000 for
damages for pain and suffering, also known as «
non-pecuniary damages».
The limit, or
cap for
non-pecuniary damages increases each year with inflation, and currently is about $ 325,000.
However, for significant injuries there is an upper limit
cap for
non-pecuniary damages, which is currently $ 367,000.
ICBC, a few years back, put in place certain directives to the adjusters suggesting their own
cap for mild, moderate and severe soft tissue injuries in terms of
non-pecuniary damages.
In 1978, the Supreme Court of Canada
capped the amount of
non-pecuniary damages that you can recover in a personal injury lawsuit at $ 100,000 adjusted for inflation.
The SCC imposed a
cap of $ 100,000 (as of 1978) on
non-pecuniary damages.