What is an Injury Cap and Why Does it Take Away My Right?

BLW Lawyers - What is an Injury CapAn injury cap, simply put, is defined as the maximum amount of money that can be paid out to the victim of a car accident based on the damages they’ve sustained. These caps can be determined based on damage to a particular part of their body, based on a specific assessed condition, or both.

Though many auto insurance providers and even politicians support such a system, as it would “limit the number of frivolous claims that are filed each year,” a strong voice of opposition has also recently emerged. Many believe that not only does an injury cap system work against drivers, not for them, but it also strips away their valuable rights and completely ignores what actually goes on after a car accident has taken place.

The Importance of Injury Caps and How It Affects You

Part of the problem is that the types of injuries sustained in a car accident – like soft-tissue damage – will manifest themselves differently in different people. One person could walk away relatively unscathed while another could be sentenced to a lifetime of pain and suffering and under injury caps, both would receive the exact same amount of money.

How Injury Caps Take Away the Rights of Injured Victims

The larger issue is that injury caps, almost by design, take away the rights of drivers everywhere by removing their ability to have their losses determined by a judge in a court of law. Many detractors also argue that this type of cap-based system also protects bad drivers by eliminating the possibility that they will actually be held accountable for their actions. From a long-term perspective, many predict that this will also lead to higher insurance rates as the payouts that those poor drivers generate will need to be subsidized by insurance companies in some way.

An Alternative to Injury Caps – Contact your MLA

The major thing to understand about all of this is that not only do injury caps as currently designed take away the rights of people to receive compensation for their injuries in the aftermath of a car accident, but they won’t actually save you any money on car insurance at the exact same time. Luckily, there are still steps that you can take to help make sure this doesn’t happen to you. Perhaps the most important thing you can do is contact your MLA and let them know that you are opposed to these changes for reasons like those outlined above.

Contact Becker Lavin & Wessler Personal Injury Lawyer Today

As a team of passionate, knowledgeable personal-injury attorneys based out of Burnaby, the team of Becker Lavin & Wessler has a combined 50 years of experience helping people just like you. Above all else, we believe that our job – our ONLY job – is to help people who have been injured in the devastating aftermath of a car accident put their lives back together, fighting to get them the compensation they so richly deserve. To date we’ve already helped over 5,000 people do precisely that and we see absolutely no end in sight.

To find out more about what injury caps really mean for people like you, or to get more specific answers to all of your questions, don’t delay – contact us today.

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