Did you suffer a minor injury?
The Nova Scotia Insurance Act 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 a continuing injury which is physical in nature, and c) resolves within twelve months following the accident The Act goes on to explain what exactly qualifies as a “serious impairment.” A serious impairment is one that causes substantial interference with a person’s ability to perform their usual daily activities or their regular employment. There are many questions that you need to ask before accepting that you have a minor injury. Be aware – if you tell the insurance company that your injuries are minor, it will be very challenging to argue later that your injuries were more severe. Clients often think they have a minor injury, when in fact their injuries are more severe and command higher levels of compensation. Consider the following examples:
- Scarring that is expected to heal, but then an accident-related surgical operation is required which results in permanent scars
- Improvement is made through physiotherapy, but you plateau before regaining walking tolerance of more than 10 minutes.
- our ability to sit at your desk has improved, but your neck motion is limited to the point where work tasks are impossible without pain
The examples above are real-world stories. Often, people are overly optimistic about their recovery. A positive attitude is essential to a good recovery, but misplaced positivism may hurt your legal claim. We encourage our clients to assess their situation as if it was that of someone else. We ask our client to consider if a person their the restrictions and limitations would be able to work? Would he or she be able to perform daily activities? Our experience is that clients can understand the gap between their portrayal of their recovery (e.g., fast, quick, painless, easy, medication-free), and the medical reality (e.g., slow recovery, short or long term restrictions, permanent losses, altered lifestyle). The bottom line: don’t accept minor injury compensation unless you have only minor injuries. To assess whether you have only minor injuries, consider the routine impact of the injury, and the effect on your work and home life. Finally, note the date of your accident and reflect on your recovery. How have the past three, six, or twelve months gone? Do you remain symptomatic? If so, when and for how long? If you find that your injuries might be more than minor, you owe it to yourself to investigate what compensation you are owed, and how you can ensure that you have the best opportunity to make a complete recovery.
Still wondering whether your injury is minor? Let us tell you.
Book your free case review today. You’ll find out whether you have a minor injury, and what level of compensation you an expect for your injuries. Be sure to call us before negotiating with the insurance company. Call us toll-free: 1-855-670-1345 or 902-702-3452.