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The Wagners - A Serious Injury Law Firm blog shares Personal Injury stories and opinions relevant to Halifax, Nova Scotia residents. Let us know what you think.

Many Positive Changes in Nova Scotia’s Cap on “Minor Injuries”

by | Tuesday, June 21, 2011

Like several provinces, Nova Scotia has a cap on the compensation victims of motor vehicle accidents can receive for their injuries. From 2003 to 2010, under the control of a Conservative government, victims of auto accidents who fell under the legislated definition of a “minor injury” had a $2500 cap imposed on their damages.

The Conservative government defined “minor injury” in a manner that was all-encompassing. Most accident victims, regardless of the extent of their pain, suffering and injury, fell under the definition of “minor injury”.

Fortunately, on April 28, 2010, the current Government introduced changes to Nova Scotia’s minor injury cap. The amount of the cap was tripled to $7500.

The most significant improvements to the legislation are those made to the definition of “minor injury”. While the previous definition of “minor injury” included many serious and long-term injuries; now only sprains, strains and whiplash-type injuries are considered “minor”. Only these types of injuries are subject to the damage award cap of $7,500. The former definition eliminated or capped fair compensation for many accident victims. The new legislation expands the rights of accident victims to pursue claims to recover damages for their injuries.

As a result of this change to the law, now most victims of car accidents fall outside of the cap and will receive fair compensation for the loss of enjoyment of life and pain and suffering that may result from the motor vehicle accident.

Another positive change in the law is that the amount of the cap is indexed annually to reflect inflation. For example, in 2011, the few who are captured by the definition of “minor injury” are entitled to $7,665 for pain and suffering. The entitlement will continue to rise with inflation.

Despite the substantial changes to the legislation, insurance companies will surely continue to suggest to victims that they are caught by the definition of “minor injury” and are therefore only entitled to a “capped” compensation.

The lawyers at Wagners know better! We understand the legislation and our experienced lawyers understand how to approach appropriate claims in a manner that ensures it is found to be over the “cap”.

Contact us at Wagners to assist you in understanding your rights under the new laws in Nova Scotia.

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Sam M
Sam M
16:11 19 Jan 18
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.
linda frausell
linda frausell
01:21 16 May 17
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .
frank slaunwhite
frank slaunwhite
16:29 03 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach.Thanks
Missy Day
Missy Day
12:03 06 Oct 16
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!
Nicholas Gordon
Nicholas Gordon
11:30 06 Oct 16
I contacted Wagners about a motor vehicle accident.I was able to speak with someone right away. The staff were very pleasant and helpful.I received a response about pursuing a case the next day.I would highly recommend this firm.
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