This week the province of Nova Scotia announced the annual increase to Nova Scotia’s new “minor injury” cap on non-pecuniary damages in auto accidents.
In 2010 the province of Nova Scotia changed the legislation governing automobile accidents in Nova Scotia. The cap on payments for non-pecuniary damages (“pain and suffering”) for injuries that were deemed to be “minor” was increased from $2,500.00 to $7,500.00.
The new legislation required that the cap increase every year to account for the cost of living.
According to calculations released by the Department of Finance this week, the cap for compensation for non-pecuniary damages for “minor injuries” for 2012 is now $7,956.00.
That’s Not All
It is important for Nova Scotia car accident victims to understand that the cap is not all the compensation that they are entitled to receive. I get many calls from people who have been injured in car crashes who are left with the impression after talking to insurance adjusters that the only thing they are entitled to receive is a maximum of $7,500.00 in compensation for their injuries.
As I have indicxated above, if the claim is capped, the maximum compensation is now $7,956.00 not $7,500.00.
Not All Claims Capped
There is a real question as to whether an accident victims claim will be capped at all. The new minor injury definition has a lower threshold for accoident victims to meet. In other words, an experienced Nova Scotia Car Accident Lawyer may be able to prove, based on the available medical evidence, that your claim for pain and suffering is NOT a minor injuriy and your compensation is NOT capped by the legislation.
Income Loss Not Capped
Another thing many Nova Scotia accident victims don’t know and aren’t told is that income loss claims are not capped by the minor injury legislation. So if you have suffered any loss of income, you are entitled to full recovery for that loss. That includes any income loss you may suffer in the future as a result of your injuries from the accident.
Expenses Not Capped
Out of pocket expenses incurred as a result of your injuries is another claim that you are entitled to be reimbursed for, in full. So if you have had expenses for housekeeping because you can’t clean your house, babysitting while you attend medical appointments and so on, you are entitled to make a claim for those expenses. Advice from an experienced car accident lawyer in Nova Scotia will help you understand which expenses are recoverable and which are not.
Want More Information About Car Accident Claims in Nova Scotia?
I have been representing victims of serious personal injuries for more than 20 years. I wrote Crash Course:The Consumers Guide to Car Accident Claims in Nova Scotia to help educate car accident victims and their familes so they can have a better chance of receiving full and fair compensation.
The book is for sale on Amazon.com. All sale proceeds are donated to charity.
But if you live in Atlantic Canada you can get a copy of my book, at no charge, by contacting me through this blog (put “Crash Course” in the subject line) or call me toll free at 1-877-423-2050.