(Nov. 1, 1996 to Sept. 30, 2003)
(Oct. 1, 2003 to present)
||Claimant: $15,000 Family members: $7,500
||Claimant: $30,000 (where claim assessed at $100,000 or less) Family members: $15,000 (where claim assessed at $50,000 or less)
||To claim for pain and suffering, an accident victim must suffer a permanent serious impairment of animportant physical, mental or psychological function, or a permanent serious disfigurement.
||Key terms now defined:
- “Permanent serious impairment” must:
- substantially interfere with person’s ability to continue his or her usual employment despite reasonable attempts to accommodate the impairment;
- substantially interfere with the person’s ability to continue training for a career in the field in which the person was being trained before the incident, despite reasonable attempts to accommodate; or
- substantially interfere with most of the usual activities of daily living.
- To be an “important” function, the function impaired must:
- be necessary to perform the activities that are essential of the person’s usual employment, taking into account efforts to accommodate;
- be necessary to perform the activities that are essential tasks of the person’s training for a career in the field in which the person was being trained before the incident, despite reasonable attempts to accommodate;
- be necessary for the person to provide for his or her own care or well-being; or
- be important to the usual activities for daily living;
- For the impairment to be “permanent” it must:
- have been continuous since the incident and expected not to substantially improve;
- continue to meet the criteria in paragraph 1 above; and
- be of a nature that is expected to continue without substantial improvement when sustained be persons in similar circumstances.
Note: The Regulation also now prescribes the minimum evidence required to prove that the threshold has been meet by a claimant
|Threshold for Suing for Excess Health Care Expenses
||Permanent serious impairment.