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What is the Car Accident Minor Injury Cap?

The Minor Injury Cap for 2018 is $8,579.

Nova Scotia has a Minor Injury Cap. This monetary cap limits the compensation you can receive for certain injuries which are typically less severe. This cap, however, does not limit other losses that may become part of your injury claim. Some examples include wage loss or out of pocket expenses.

As you might expect, the legal definition of “minor injury” is complex. It’s typically best to speak to a lawyer regarding your injury, and the applicability of the minor injury legislative cap as each case is different.

The legislation defines a Minor Injury as one that:

  • a) does not result in a permanent serious disfigurement
  • b) does not result in a permanent serious impairment of an important bodily function caused by continuing injury which is physical in nature; or
  • c) resolves within 12 months following the accident.

The cap increases each year by a small amount and is set by the Nova Scotia Government. Your injury compensation will be limited based on the year in which your accident occurred. If you are settling your claim several years after your accident and the minor injury cap has gone up, you will not receive this increased amount of compensation.

Is My Injury Claim Caught by the Minor Injury Cap?

Determining whether or not your claim is caught by the minor injury cap is a determination made by health care professionals. As part of the regular insurance claim process, various forms are completed by treatment providers, which are provided to the insurance company providing accident benefits. During the course of the insurance claim, most insurance adjuster will want to assess the treatment forms to understand the extent of accident-related injuries.

Your first concern should be addressing your injuries. Your health is most important. If you have questions about whether your claim is caught by the minor injury cap, or whether your claim may be outside of the minor injury claim, you may be best to speak to a car accident lawyer.

Jeff Mitchell is the Principal Lawyer and Founder of NOVA injury Law.  Jeff has dedicated his practice to the area of personal injury, accident, and disability benefits law. Contact 1.800.262.8104 or jeff@novainjurylaw.com to arrange for a free case review today.

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