Each year the Nova Scotia Government sets the Minor Injury Cap that applies to accidents that happen in that corresponding year (regardless of settlement date). The Minor Injury Cap for 2019 is a $189 increase from the 2018 cap ($8,579). It should be noted that this cap does not limit other losses that may become part of your injury claim, including wage loss or out of pocket expenses.

Each year the Nova Scotia Government sets the Minor Injury Cap that applies to accidents that happen in that corresponding year (regardless of settlement date). The Minor Injury Cap for 2019 is a $189 increase from the 2018 cap ($8,579). It should be noted that this cap does not limit other losses that may become part of your injury claim, including wage loss or out of pocket expenses.

What is a Minor injury?

The legal definition of a “minor injury” is complex. It is wise to speak to a lawyer regarding your injury to determine if the cap could apply to you.

The legislation defines a minor injury as one that:

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

For more information on what qualifies as a minor injury see this post.

Does the Minor Injury Cap Apply to my Injury Claim?

Determining whether or not the Minor Injury Cap applies to your claim is a decision essentially 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 issuing 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 health must remain a priority. Addressing your injuries and receiving proper treatment should be your first concern. If questions arise regarding the Minor Injury Cap and whether it applies to your claim it is best to speak to a car accident lawyer directly.

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.