Getting You The Benefits You Need
After you have been in an accident, you may make assumptions about your insurance coverage. You may know about caps on insurance benefits for what are called "minor injuries", and perhaps assume your access to the benefits you need is limited. Your insurer may also try to downplay the severity of your condition.
As personal injury lawyers dedicated to helping injured people across Atlantic Canada, we deal with insurers on a daily basis and will fight for the compensation your deserve.
The Minor Injury Cap
When you’ve been injured in an accident due to another person’s negligence, you can claim for damages against that person. You can claim for financial losses incurred, such as lost wages or medical bills. You can also claim for general damages for overall pain and suffering. This non-financial loss is more difficult to quantify because it is subjective. Due to this subjectivity, the Plaintiff and Defendant often end up in lengthy debate over this value, which can cause delays.
To streamline and expedite the legal process, some provinces in Canada have implemented a limit (aka a “cap”) on the amount of damages a Plaintiff can claim for pain and suffering in minor injury claims. Note that the cap only applies to general damages, not other financial losses.
Nova Scotia, New Brunswick, and Prince Edward Island have all implemented minor injury caps. Newfoundland and Labrador has not implemented a cap on pain and suffering damages, but they recently considered implementing one.
The minor injury cap is different for each province and is indexed each year for inflation. In 2019, the minor injury caps for the Maritime provinces are as follows:
In recent years, Nova Scotia has reviewed the legislation with regards to the cap and the kind of injuries to which it applies. As of 2010, the minor injury cap will not apply if the injury you have sustained substantially interferes with your life for 12 months or longer.
There are other exceptions that also apply. You can learn more about these exceptions and what injuries classify as “minor injuries” here.
As your legal team in Atlantic Canada, we will work with you to make sure you receive a proper assessment of your injuries after a motor vehicle accident, especially if your injuries are difficult to diagnose and treat such as soft tissue injuries, whiplash, chronic pain and fractures. We know that when you are hurt, you need support. You do not need the stress of proving your case to an insurer. We are here to advocate for you while you focus on getting better.
trust experienced CAR ACCIDENT Lawyers
Before accepting an offer from an insurer, you should seek legal advice to ensure the offer is fair. At MacGillivray Injury and Insurance Law, our initial consultation is free, so you have nothing to lose by booking an appointment and learning what your options are. If you can’t travel to meet at one of our offices in Halifax, St. John’s or New Glasgow, we also perform phone intakes and make house-calls to meet seriously injured people across Atlantic Canada.
Don't fight the battle alone. To learn about how insurance caps may apply to you, send us a message or call 1-888-434-0398.