What is the statute of limitations for personal injury claims in New Brunswick?

2 years. Source: Limitation of Actions Act, S.N.B. 2009, c. L-8.5. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in New Brunswick?

Yes — New Brunswick applies the following caps: Andrews cap (~C$430,000+) under Andrews trilogy; Minor injury cap (Annually indexed) under Insurance Act regulations. See the caps section above for the conditions under which each applies.

Does New Brunswick operate a no-fault auto insurance scheme?

No. New Brunswick is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.

How are settlements typically valued in New Brunswick?

Practitioners and adjusters in New Brunswick value claims using the same building blocks applied across Canada: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (common-law contributory reduction) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a New Brunswick attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. New Brunswick's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most New Brunswick personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ Canada · Atlantic Canada

Personal injury in
New Brunswick.

By MyClaimWorth EditorialPublished 9 May 20267 min read

New Brunswick operates common-law tort with first-party medical benefits and an annually-indexed minor injury cap.

New Brunswick operates common-law tort with a minor injury cap on soft-tissue cases (annually indexed). Section B-style first-party medical benefits overlay. Limitation is two years.

★ statute of limitations

2 years

Limitation of Actions Act, S.N.B. 2009, c. L-8.5

★ fault rule

Common-law contributory reduction

Contributory-negligence reduction.

★ NB · statutory caps

What caps recovery.

Caps and ceilings imposed by New Brunswick law that bear on settlement values.

Andrews cap
Non-pecuniary loss
~C$430,000+
Andrews trilogy
Minor injury cap
Soft-tissue minor injuries
Annually indexed
Insurance Act regulations

★ NB · key facts

What makes New Brunswick different.

The handful of details that distinguish this jurisdiction from its neighbours.

Tort with Section B
Minor injury cap
2-year limitation

★ other Canada jurisdictions

Compare across Canada.

How New Brunswick compares to its sibling jurisdictions in Canada on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
New Brunswick· you are here	Common-law contributory reduction	2 years
Ontario (ON)	Common-law contributory reduction	2 years from discoverability
Quebec (QC)	No-fault statutory scheme	3 years for civil action under Civil Code
British Columbia (BC)	Common-law contributory reduction	2 years from discoverability
Alberta (AB)	Common-law contributory reduction	2 years from discoverability
Manitoba (MB)	No-fault statutory scheme	2 years from discoverability
Saskatchewan (SK)	Common-law contributory reduction	2 years from discoverability
Nova Scotia (NS)	Common-law contributory reduction	2 years from discoverability
Newfoundland and Labrador (NL)	Common-law contributory reduction	2 years
Prince Edward Island (PE)	Common-law contributory reduction	2 years from discoverability
Yukon (YT)	Common-law contributory reduction	2 years
Northwest Territories (NT)	Common-law contributory reduction	2 years
Nunavut (NU)	Common-law contributory reduction	2 years

★ NB · frequently asked

Common questions.

Common questions about personal injury claims in New Brunswick, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in New Brunswick?
2 years. Source: Limitation of Actions Act, S.N.B. 2009, c. L-8.5. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in New Brunswick?
Common-law contributory reduction. Contributory-negligence reduction.
Are there caps on damages in New Brunswick?
Yes — New Brunswick applies the following caps: Andrews cap (~C$430,000+) under Andrews trilogy; Minor injury cap (Annually indexed) under Insurance Act regulations. See the caps section above for the conditions under which each applies.
Does New Brunswick operate a no-fault auto insurance scheme?
No. New Brunswick is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.
How are settlements typically valued in New Brunswick?
Practitioners and adjusters in New Brunswick value claims using the same building blocks applied across Canada: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (common-law contributory reduction) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a New Brunswick attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. New Brunswick's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most New Brunswick personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ federal context

Back to Canada

All injury bands, statutes, and procedural pathway at the Canada level.

★ the working

How we derive bands

Per-jurisdiction methodology, inflation adjustment, and known limits.

★ standing authority

Sources we cite

Statute and authority documents underpinning every band on the site.

★ editorial note

This page summarises the New Brunswick statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in New Brunswick. See /methodology, /sources, and /disclaimer.

Personal injury inNew Brunswick.

Personal injury in
New Brunswick.