Jeff Mitchell

Jeff Mitchell

Principal Lawyer & Founder

Is a Minor Injury Cap Settlement Fair for My Claim?

To determine whether a settlement offer is fair, you first have to consider your injuries. A minor injury cap settlement is for injuries that qualify as sprains, strains or whiplash. We often have clients who come to us after suffering minor injuries; however, not all of these injuries are in fact "minor injuries."

Too often the insurance companies fall into a minor injury settlement mindset. Injuries may initially present as minor but they turn out to be more significant, either through lack of resolution over time or through earlier misdiagnosis in the early stages following the accident. Unfortunately, we receive many calls from injury victims each week who have experienced a "minor injury" that has much more than a minor impact on their life. These injury victims often then tell us that the injury adjuster assigned to their claim has said to them that they have a minor injury claim and that a minor injury cap settlement is appropriate.

Consider the typical path of an injury victim following a car accident: they suffer soft tissue injuries in the accident and seek out treatment. They hope to get better soon and have a full recovery. Many minor injuries resolve, meaning that there is no ongoing pain or limitation. However, many months later some injury victims continue to suffer from accident-related pain. They call us and say: "my injuries have not healed. I'm still symptomatic, my body still hurts, what do I do?". As a personal injury lawyer, our job is to determine whether or not the injury victim did, in fact, suffer a type of injury that is caught by the minor injury cap. If so, we must then consider whether the "minor injury" may fall outside of the minor injury cap rules because of the severity of the injury and impact on the life of the injury victim. To do this, a personal injury lawyer must interview with the injury victim and review their medical records.

A settlement offer is made by the insurance company when they believe it is in their interest to settle the claim and if they can adequately assess the compensation for the injury. Of course, our view on what is proper compensation for an injury victim if often different than the stance taken by the insurance company. The insurance company will often determine that a minor injury cap settlement is suitable for the claim. Each injury adjuster handles many claims at any one time and resolving a claim at or under the minor injury cap is a 'win' in their books as it limits the insurance company's payout. Of course, you will be the one to 'lose' if your claim is worth more than what a minor injury cap settlement provides.

It is often the case that our clients are more injured than the insurance company appreciates. In some cases, the insurance company has acquired or been provided with medical records that they have reviewed and determined that the case warrants minor injury cap compensation. In other cases, the insurance company has considered the case to be minor without any medical information. They will take the default position that the case must be minor, and thus, attempt to limit the insurance company's exposure by offering a minor injury cap settlement (or a fraction of the cap) to settle the claim quickly (and for the least amount).

Minor injury cap settlement considerations

If you are considering whether you have a minor injury case or not, you have to ask yourself a few simple questions:

  1. Is your work impacted?
  2. Is your housework impacted?
  3. Are you keen to resolve the case now?

If you experience some impact to your ability to perform your duties at work or your responsibilities at home, then you must consider the reality that your case is not a minor injury claim, and you may be entitled to more compensation.

Don't rush to sign a minor injury cap settlement release

Other people are keen to settle their case whether they have a cap case or not. We don't ever suggest rushing to settle a case because you may lose out on the opportunity for more compensation later on. Remember, once your case is settled, it is closed forever. You cannot reopen it.

We often have clients who struggle with various tasks at work. Our job is to assess the degree of limitations to their functional capacity and determine whether those impairments are substantial. If the impairments are significant, we will then argue for higher levels of compensation than the minor injury cap. Likewise, if duties at home are preventing our client from engaging in all the regular task that they performed before the accident, our client should also be eligible for higher levels of compensation. It's the personal injury lawyer's job to argue for the higher level of compensation available to adequately address or client pain and suffering, ongoing care needs, and special damages. Anything less leaves our client without fair compensation.

Some clients are just keen to resolve their case. We discourage clients from settling prematurely simply to obtain a settlement cheque. The last thing anyone wants is to have a call years later from a client complaining that their injuries have not resolved and that they had even greater troubles than they initially reported. Do not rush to settle your injury claim. If you have concerns about your abilities to work or your abilities to do your duties at home, you should speak to an experienced personal injury lawyer right away and learn more about your rights and possible compensation.

Why speak to a personal injury lawyer?

A personal injury lawyer is hired to help you assess the value of your case and ensure that your rights are protected. If you have any concerns about your case and whether the minor injury cap applies, you should speak to a lawyer. NOVA Injury Law offers free consultations for all personal injury cases.

We will tell you at the meeting in a clear and honest manner whether or not your case is likely to fall within the minor injury cap. If we believe your case may fall in the minor injury cap, we will look at your case as it progresses and determine whether there are steps that we can take to maximize your case. If we determine that your case may fall beyond the minor injury cap, we will then take steps to establish your entitlement to higher levels of compensation.

Speak to a Car Accident Lawyer

Jeff Mitchell is an experienced personal injury lawyer who represents car accident and injury victims. To book a free consultation, call 1.800.262.8104 or email jeff@novainjurylaw.com.

To determine whether a settlement offer is fair, you first have to consider your injuries. A minor injury cap settlement is for injuries that qualify as sprains, strains or whiplash. We often have clients who come to us after suffering minor injuries; however, not all of these injuries are in fact “minor injuries.”

Too often the insurance companies fall into a minor injury settlement mindset. Injuries may initially present as minor but they turn out to be more significant, either through lack of resolution over time or through earlier misdiagnosis in the early stages following the accident. Unfortunately, we receive many calls from injury victims each week who have experienced a “minor injury” that has much more than a minor impact on their life. These injury victims often then tell us that the injury adjuster assigned to their claim has said to them that they have a minor injury claim and that a minor injury cap settlement is appropriate.

Consider the typical path of an injury victim following a car accident: they suffer soft tissue injuries in the accident and seek out treatment. They hope to get better soon and have a full recovery. Many minor injuries resolve, meaning that there is no ongoing pain or limitation. However, many months some injury victims continue to suffer from accident-related pain. They call us and say: “my injuries have not healed. I’m still symptomatic, my body still hurts, what do I do?”. As a personal injury lawyer, our job is to determine whether or not the injury victim did, in fact, a type of injury that is caught by the minor injury cap. If so, we must then consider whether the “minor injury” may fall outside of the minor injury cap rules because of the severity of the injury and impact on the life of the injury victim. To do this, a personal injury lawyer must interview with the injury victim and review their medical records.

A settlement offer is made by the insurance company when they believe it is in their interest to settle the claim and if they can adequately assess the compensation for the injury. Of course, our view on what is proper compensation for an injury victim if often different than the stance taken by the insurance company. The insurance company will often determine that a minor injury cap settlement is suitable for the claim. Each injury adjuster handles many claims at any one time and resolving a claim at or under the minor injury cap is a ‘win’ in their books as it limits the insurance company’s payout. Of course, you will be the one to ‘lose’ if your claim is worth more than what a minor injury cap settlement provides.

It is often the case that our clients are more injured than the insurance company appreciates. In some cases, the insurance company has acquired or been provided with medical records that they have reviewed and determined that the case warrants minor injury cap compensation. In other cases, the insurance company has considered the case to be minor without any medical information. They will take the default position that the case must be minor, and thus, attempt to limit the insurance company’s exposure by offering a minor injury cap settlement (or a fraction of the cap) to settle the claim quickly (and for the least amount).

Minor injury cap settlement considerations

If you are considering whether you have a minor injury case or not, you have to ask yourself a few simple questions:

  1. Is your work impacted?
  2. Is your housework impacted?
  3. Are you keen to resolve the case now?

If you experience some impact to your ability to perform your duties at work or your responsibilities at home, then you must consider the reality that your case is not a minor injury claim, and you may be entitled to more compensation.

Don’t rush to sign a minor injury cap settlement release

Other people are keen to settle their case whether they have a cap case or not. We don’t ever suggest rushing to settle a case because you may lose out on the opportunity for more compensation later on. Remember, once your case is settled, it is closed forever. You cannot reopen it.

We often have clients who struggle with various tasks at work. Our job is to assess the degree of limitations to their functional capacity and determine whether those impairments are substantial. If the impairments are significant, we will then argue for higher levels of compensation than the minor injury cap. Likewise, if duties at home are preventing our client from engaging in all the regular task that they performed before the accident, our client should also be eligible for higher levels of compensation. It’s the personal injury lawyer’s job to argue for the higher level of compensation available to adequately address or client pain and suffering, ongoing care needs, and special damages. Anything less leaves our client without fair compensation.

Some clients are just keen to resolve their case. We discourage clients from settling prematurely simply to obtain a settlement cheque. The last thing anyone wants is to have a call years later from a client complaining that their injuries have not resolved and that they had even greater troubles than they initially reported. Do not rush to settle your injury claim. If you have concerns about your abilities to work or your abilities to do your duties at home, you should speak to an experienced personal injury lawyer right away and learn more about your rights and possible compensation.

Why speak to a personal injury lawyer?

A personal injury lawyer is hired to help you assess the value of your case and ensure that your rights are protected. If you have any concerns about your case and whether the minor injury cap applies, you should speak to a lawyer. NOVA Injury Law offers free consultations for all personal injury cases.

We will tell you at the meeting in a clear and honest manner whether or not your case is likely to fall within the minor injury cap. If we believe your case may fall in the minor injury cap, we will look at your case as it progresses and determine whether there are steps that we can take to maximize your case. If we determine that your case may fall beyond the minor injury cap, we will then take steps to establish your entitlement to higher levels of compensation.

Jeff Mitchell is an experienced personal injury lawyer who represents car accident and injury victims. To book a free consultation, call 902.442.8853 or email info@novainjurylaw.com.

About us

NOVA Injury Law, located in Bedford, NS, is a personal injury law firm. We provide approachable, responsive, and compassionate representation to victims of car accidents, slip & falls, long term disability benefits denial, birth injuries, brain injuries, property damage, medical malpractice, and faulty products. We’re the only law firm in Atlantic Canada with a Doctor on the team.

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