Minor Injury Cap
This is a question I get asked a lot. Some people have heard that Nova Scotia has a law that places a “cap” on the amount of compensation that people can receive if they have been injured in a car accident.
The law places a cap on the amount of compensation that you can get for what lawyers refer to as “non-pecuniary damages”. Everybody else calls it compensation for “pain and suffering”. We explain this in more detail in my article: What is my Nova Scotia Personal Injury Claim Worth?
What you need to know is that if you have been in a car accident and you have suffered an injury that is defined as a “minor injury” under Nova Scotia’s insurance act, then the maximum you can get for your pain and suffering is $7,500.00 adjusted for inflation.
The Minor Injury Cap Increases Every Year
What the insurance company may not tell you, is that the maximum amount has been increased to adjust for inflation ever since the minor injury rules were introduced in 2010. The Office of the Superintendent of Insurance Province just announced that the maximum cap for minor injuries in 2017 is $8,486.00, having been increased according to the Consumer Price Index (@ 1.2%)
In case you are wondering, over the last three years the cap has been:
January 1 – December 31, 2014 = $8,213
January 1 – December 31, 2015 = $8,352
January 1 – December 31, 2016 = $8,385
January 1 – December 31, 2017 = $8,486
Other losses aren’t capped
It is also important to know that all your other losses and heads of damages are not capped. If you have been injured in an accident that was not your fault you are entitled to be fully compensated for your income losses, out of pocket expenses, cost of medical and rehabilitation expenses, loss of housekeeping capacity, diminished earning capacity and more.
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