New Brunswick operates common-law tort with first-party medical benefits and an annually-indexed minor injury cap. For whiplash claims specifically, the band is built from the Andrews v Grand & Toy non-pecuniary cap framework and then adjusted for New Brunswick's common-law contributory reduction and any applicable statutory cap.
★ band · Canada federal frame
C$15,000 – C$70,000
Whiplash (chronic, 1–2 years)
Reported decisions
The Canada band is the starting point. New Brunswick's fault rule and any applicable cap then adjust the figure.
★ NB · statute of limitations
2 years
Limitation of Actions Act, S.N.B. 2009, c. L-8.5
★ NB · fault rule
Common-law contributory reduction
Contributory-negligence reduction.
★ NB · caps
What caps recovery.
Statutory caps that may bear on a whiplash settlement in New Brunswick.
Andrews cap
Non-pecuniary loss
~C$430,000+
Andrews trilogy
Minor injury cap
Soft-tissue minor injuries
Annually indexed
Insurance Act regulations
★ whiplash severity tiers · Canada frame
How the band stratifies.
The Andrews v Grand & Toy non-pecuniary cap stratifies whiplash into the tiers below. New Brunswick courts apply the same tier structure, adjusted for state-specific factors.
Severity tier
Band
Basis
Whiplash / soft tissue (minor)
C$5,000 – C$25,000
Provincial reported decisions; Nova Scotia and NB minor-injury caps apply
Whiplash (chronic, 1–2 years)
C$15,000 – C$70,000
Reported decisions
★ whiplash · neighbouring jurisdictions
Compare to neighbours.
How New Brunswick's fault rule and limitation period compare to other Canada jurisdictions for whiplash claims.
Each answer is independently coherent and references the relevant statute or authority document.
How much is a whiplash claim worth in New Brunswick?
New Brunswick whiplash settlements track the federal Canada band of C$15,000 – C$70,000, adjusted for New Brunswick's fault rule (common-law contributory reduction) and any applicable state cap. The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to whiplash claims in New Brunswick?
What is the statute of limitations for whiplash 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 tolling exception.
Do New Brunswick's damages caps reduce whiplash settlements?
Yes — New Brunswick applies the following caps that may bear on a whiplash claim: Andrews cap; Minor injury cap. Caps are applied to the gross award before any fault-allocation reduction.
Does New Brunswick require no-fault first-party recovery for auto-related whiplash claims?
No. New Brunswick is a traditional tort jurisdiction; the at-fault driver's insurer is the primary source of recovery for auto-related whiplash claims.
Should I hire a New Brunswick whiplash attorney?
For all but the most modest claims, yes. New Brunswick's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most New Brunswick personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
Figures on this page are starting points: the Canada band adjusted for New Brunswick's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New Brunswick. See /methodology, /sources, and /disclaimer.