If you are injured in a car accident due to the negligence of another individual, you are entitled to compensation. In the province of Nova Scotia, regulations under the Insurance Act limit or ‘’cap’’ the amount of recovery that you are entitled to in the case that your injuries related to a motor vehicle accident are considered “minor”. The cap is only applicable to injuries that are sustained in a motor vehicle accident. The legal definition of a minor injury in Nova Scotia encompasses sprains, strains, and certain types of whiplash-associated disorder. It is important to understand that the cap is only applicable to the general damages award in a personal injury case, also known as pain and suffering. Other types of damages such as Loss of Income, Cost of Care and Loss of Valuable Services are not limited by the cap.
The Minor injury cap regulations were introduced in 2010 and they were intended to limit General Damages for “minor injuries” at a maximum of $7,500. The cap is adjusted annually for inflation based on the Consumer Price Index (CPI). In Nova Scotia as of 2022, the Minor Injury cap has been calculated based on the annual average CPI for Nova Scotia. As of January 1, 2022, the Minor Injury cap has been raised to $9,300. This is a 4.06% rise from 2021 Minor Injury cap of $8,937. For further information please refer to the table below:
| Historical Minor Injury Caps for the effective periods are as follows: | |
| Effective periods: | Minor Injury Cap Limit: |
| January 1, 2022 to December 31, 2022 | $9,300 |
| January 1, 2021 to December 31, 2021 | $8,937 |
| January 1, 2020 to December 31, 2020 | $8,911 |
| January 1, 2019 to December 31, 2019 | $8,768 |
| January 1, 2018 to December 31, 2018 | $8,579 |
The year applicable to your claim is the year in which you suffered your injuries. For example, if you were injured in a car accident in 2019, the minor injury cap would be $8,768.
Whether or not your injury is classified as minor can have a significant impact on the amount of compensation available to you. Insurance companies will often tell you your claim is capped when it falls outside of the cap limits. Therefore, it is important to speak with a personal injury lawyer with expertise in challenging the insurance company’s interpretation of your injuries.
Here at Wagners, we recognize that no injury should be considered minor. Injuries that are classified as ‘minor’ by treatment providers and insurance companies can still have a significant impact your life. Soft tissue injuries can lead to difficulty lifting children, completing household chores, and trouble sleeping. Speak with a personal injury lawyer today to discuss any questions or concerns you may have.