THE CAP ON MINOR INJURY AWARDS IN NOVA SCOTIA
WHAT IS THE CAP AWARD?
On July 1, 2010, Nova Scotia amended the law to place a new Cap on Minor Injury damage awards for motor vehicle accident cases. In 2010 the cap was set at $7,500.00 however annually the cap is reviewed and adjusted to account for inflationary increases.
For a historical data, the minor injury cap for accidents occurring in the effective periods are as follows:
July 10, 2010 to December 31, 2010: $7,500.00
January 1, 2011 to December 31, 2011: $7,665.00
January 1, 2012 to December 31, 2012: $7,956.00
January 1, 2013 to December 31, 2013: $8,100.00
January 1, 2014 to December 31, 2014: $8,213.00
January 1, 2015 to December 31, 2015: $8,352.00
January 1, 2016 to December 31, 2016: $8,385.00
January 1, 2017 to December 31, 2017: $8,486.00
January 1, 2018 to December 31, 2018 - $8,579.00
January 1, 2019 to December 31, 2019 - $8,768.00
So, for example, if your accident happened in March 2014, the cap award would be set at $8,213.00.
DOES THE CAP AWARD APPLY TO MY CLAIM?
It is important to note that the minor injury definition only applies to an injured person’s pain and suffering damages which are determined to be a whiplash associated disorder, sprain or strain provided the whiplash associated disorder, sprain or strain did not result in an ongoing serious impairment in one’s substantial ability to perform any one or all of the following:
• one’s ability to perform the essential tasks of their regular employment, occupation or profession, despite reasonable efforts to accommodate;
• one’s ability to perform the essential tasks of their training or education enrolled in or accepted to be enrolled in, despite reasonable efforts to accommodate, OR
• one’s ability to perform the normal activities of their daily living.
The impairment must be ongoing since the accident or is not expected to improve substantially.
The cap does not apply to an injury that results in a fracture, concussion or neurological injury, nor does it apply to past and future income losses, retraining costs, loss of housekeeping/valuable services, cost of care, special damages, etc.
The cap award is not applicable in every case and does not affect other losses such as lost income, loss of housekeeping, costs of care, etc. It also does not apply to certain types of injuries.
If you have sustained an injury as a result of a motor vehicle accident and are in need of guidance to determine if the cap applies to your case, you should consult with an experienced personal injury lawyer who can assist you in determining this.