Nova Scotia's Minor Injury Cap (2003 to 2010): A checklist for accident victims
Nova Scotia Minor Injury Cap
In November 2003 the Nova Scotia government made changes to the Insurance Act in Nova Scotia that severely limited the rights of persons injured in car accidents to receive fair compensation for their injuries.The legislation is complicated and confusing. Even for some lawyers. The so-called "minor injury" law places a number of hurdles in front of accident victims that they must overcome in order to be able to receive full compensation for their injuries.
In April 2010 the wording of the law was changed again. So now there are three different car accident compensation regimes in Nova Scotia. One for car accident victims who were injured before November 2003. One for persons who were injured between November 2003 and April 2010. Finally, there is a new regime that covers anyone who was injured in a car accident after April 2010 and into the future.
Car Accident Compensation Claims 2003 to April 2010
I have prepared a check list to help car accident victims who were injured between November 2003 and April 2010 figure out if they have a claim that is going to be "capped" by the minor injury law.
This Checklist is Not Legal Advice
We are NOT allowed to give legal advice unless we have been retained and reviewed all of the information that is relevant to your claim. Please DO NOT consider this checklist to be legal advice until you have agreed to hire us AND we have agreed, in writing, to accept your case.
Each element in this checklist requires specific evidence to prove whether you meet the requirements of the legislation. An experienced Nova Scotia car accident lawyer will be able to advise you what evidence you will need to prove each part of your claim.
Is My Claim Capped?
(A checklist for Nova Scotia car accident victims injured between November 2003- April 2010)1. Is the injury “permanent”? If yes, go to 3 (impairment). If no, go to 2 (resolve).
2. Did it “resolve” in 12 months? If yes, claim capped. If no, go to 3 (impairment).
3. Is there “impairment”? If no, go to 4 (disfigurement). If yes, go to 5 (bodily function).
4. Is there “disfigurement”? If no, claim capped. If yes, go to 9 (serious).
5. Is it a “bodily function”? If no, claim capped. If yes, go to 6 (continuing).
6. Is it continuing? If it lasted more than 12 months, go to 7 (physical).
7. Is it “physical in nature”? If no, claim capped. If yes, go to 8 (important).
8. Is it “important”? (subjective). If no, claim capped. If yes, go to 9 (serious).
9. Is it “serious”? (subjective). If no, claim capped.
It is a disfigurement and... If yes, claim not capped.
There is impairment and... If yes, go to 10 (interference).
10. Has there been “substantial interference” with usual daily activities or regular employment? If No, claim capped. If Yes, claim not capped (Congratulations!)
Need More Information?
We hope you find this information helpful. If you have been injured in a Nova Scotia car accident and have questions about your rights, contact John McKiggan.John McKiggan is the author of The Consumer's Guide to Car Accident Claims in Nova Scotia. You can contact our office for a free copy.