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How does Nova Scotia Minor Injury Cap affect my Halifax Nova Scotia car accident claim?

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

Halifax Personal Injury Lawyers