A-25, r. 10 - Regulation respecting lump-sum compensation for non-pecuniary damage

Section 8 Disposition versions

2012-09-01

8. When the victim does not suffer any permanent functional or esthetic impairment or the severity of the impairments is insufficient to entitle the victim to lump-sum compensation under the provisions of Division II, non-pecuniary damage is evaluated as follows:

(1)  Identify the injuries listed in Schedule II that the victim sustained in the accident and determine their corresponding severity rating. For any injury not listed, assign the severity rating corresponding to a similar injury of equivalent severity;

(2)  Determine the injury with the highest severity rating for each of the titles indicated in Schedule II;

(3)  Add the square of the highest severity ratings among those previously identified up to a maximum of three ratings;

(4)  Determine the category of severity using Table I;

The amount of lump-sum compensation awarded to the victim is the sum indicated in Table I for the corresponding category of severity determined. Category of severity b is the minimum required for compensation.

Table I

Result of Addition          Category of Severity          Amount of Compensation

    1 to 8                           a                                $0

    9 to 15                          b                              $300

   16 to 24                          c                              $500

   25 to 35                          d                              $800

   36 and over                       e                            $1,000        

O.C. 1370-2000, s. 8.