How does Nova Scotia’s “Minor Injury” Cap effect my Halfiax Nova Scotia car accident claim?
Hi there. I’m Nova Scotia car accident lawyer ¬¬¬¬¬¬¬¬¬¬¬¬¬¬Mark Raftus
If you have been injured in a car accident the other driver’s insurance adjuster may say you have a so-called “minor injury”. But what does that mean and what effect will it have on your compensation claim?
Nova Scotia has a law that places limits on the amount of compensation you are entitled to recover for your pain and suffering if your injury meets the definition of a “minor injury”.
The amount of the minor injury cap is $7,500.00. This amount has increased every year in accordance with inflation.
A minor injury is now defined as:
• A sprain;
• A strain;
• A “Whiplash Associated Disorder” injury category 1 or 2.
Whiplash Associated Disorder is a diagnosis used by the medical community to describe connective tissue or muscle related injuries that are caused by acceleration/deceleration trauma. This is usually referred to as a WAD injury.
There are four levels Whiplash Associated Disorder. Under the minor injury definition, if you have a WAD 1 or WAD 2 injury you are considered to have suffered a “minor injury”.
It is important for you and your doctor to know that WAD 3 and WAD 4 Injuries Not Capped!
A WAD 3 injury is whiplash that results in neurological signs (for example reduced or missing deep tendon reflexes, weakness, loss of feeling).
A WAD 4 injury is any fracture or dislocation to your spine.
Even if you suffer a sprain, strain or WAD 1 or 2 injury that appears to be capped, your claim won’t be limited if your injury results in a “serious impairment”.
So what is a serious impairment?
Serious impairment is defined under the Nova Scotia law as a substantial inability to perform any or all of the following:
• The essential duties of your regular employment;
• The essential tasks of your training or education;
• The normal activities of your daily living.
If you want more information about Car Accident claims in Nova Scotia call us for your copy of Crash Course: The Consumer’s Guide to Car Accident Claims in Nova Scotia. It’s basically a crash course in everything you need to know if you or a loved one has been hurt in a car accident. The book is for sale on Amazon but we will send you a copy, at no charge, if you call us at 902-423-2050 or go to www.crash course book.ca