The Nova Scotia government has placed a limit on the amount of compensation an accident victim can receive for pain and suffering or loss of enjoyment of life caused by certain injuries. This limit is called the “minor injury cap”.
The minor injury cap applies to accident victims suffering from strains, sprains or whiplash associated disorder 1 or 2.
The minor injury cap increases incrementally each year based on the Consumer Price Index published by Statistics Canada. The Nova Scotia government has announced that the minor injury cap amount for 2017 is $8,486. This is an increase of $102 from the cap amount in 2016, which was $8,385.
Even if you have only been diagnosed with sprain, strain or whiplash 1 or 2 as a result of an accident, it is possible to obtain greater compensation for your pain and suffering or loss of enjoyment of life than the minor injury cap. To do so, you have to show that your accident injuries cause a “serious impairment”. This is a complicated legal and factual issue and it is beneficial to have the assistance of a skillful personal injury lawyer.
It is important to note that the minor injury cap does not affect claims relating to loss of household services, loss past or future income, loss or earning capacity, or past or future expenses incurred as a result of the accident.
If you were in a motor vehicle accident and are wondering whether your claim falls under the minor injury cap, or whether there is any compensation available to you for other claims or losses, you would benefit from a free case assessment with our accident and personal injury team leader, Daniel Wood.
Call 902-466-2200 to book your free no risk case assessment with Daniel.