How Much is My Car Accident Case Worth in Nova Scotia?
Have you been injured in a car accident in Nova Scotia and want to know how much you could win in a settlement? MacGillivray Injury and Insurance Law believes your future is worth fighting for and can hold the negligent party responsible for a wide range of damages. In this blog, we detail:
- How to know if you are entitled to damages
- Exactly which damages we can win for you
- The trick that Insurance companies often use to scare you away from seeking more money
If you’ve been the victim of a car accident in Atlantic Canada where the other party acted negligently, then you are most likely entitled to a large settlement.
During our clients’ free consultation with our personal injury lawyers, one common concern is the amount of compensation to which the client is entitled, and how long it will take.
We wish there were an easy answer, but both the process and litigation are complex; and, to further complicate matters, there will be a powerful insurance company defence team to fight us every step of the way.
We fight this battle every day. No amount of money can make you whole again, but we can fight to secure your future and help you recover.
How to Determine If You Have a Case
In general, you are entitled to compensation if you’ve been injured in an auto accident that was the result of careless or criminal conduct by the other driver (in legal terms: negligence). Proving negligence is a complex matter, one that is best left to an experienced accident lawyer.
Here are a few common examples of negligent behaviour:
- Driving under the influence of alcohol or drugs
- Driving with a suspended license
- Disobeying traffic laws
- Overly aggressive driving
- Distracted driving (talking or texting on a phone)
- Driving well over the speed limit
- Running a red light or a stop sign
*This is by no means an exhaustive list. During your free consultation, our car accident lawyers can help determine negligence before taking the next step in your case.
How Much is Your Car Accident Injury Case Worth?
Determining a reasonable range of compensation is something we do everyday, it’s part of how we make our living. Each factor in your settlement is full of nuance, and it takes a skilled litigator to get what you deserve. There is no way to know exactly how much you are going to get in court but once we gather all the medical and other evidence we are able to set a range within which we believe the Court will order compensation. Through experience, a lawyer can use trial precedent, legal knowledge, expert evidence, and logic to fight for every penny you deserve. Examples of damages are:
- Loss of income
- Pain and suffering
- Loss of future earning capacity
- Medical bills
- Loss of valuable services
- Loss of enjoyment in life
- Emotional distress
- Cost of future care
And more. An injury can throw your life into turmoil. Compensation is your legal right and is intended to make you as close to whole again as possible.
The Nova Scotia Injury “Cap”
For minor injuries, there is a “cap” in Nova Scotia. This cap is to simplify and streamline minor accidents injury settlements. Minor injuries include whiplash, sprains, strains, and other minor inconveniences. This cap, adjusted for inflation, is now roughly $8,500. Bear in mind that this is only for pain and suffering, and not for major damages such as property damage and loss of income.
However, many insurance companies may take the position that your claim is capped when there are good legal and factual arguments to the contrary. That’s why it is important to let a skilled lawyer deal with the insurance companies.
If you’ve been injured in a car accident, you are legally entitled to compensation. The size of your settlement will be determined by the extent of your injuries and the individual facts of your case. The personal injury lawyers at MacGillivray Law practice exclusively in the field of auto accidents and those injured at the fault of another, and those denied disability benefits. You worry about recovery, and let us fight for your future.