What is Considered a Minor Injury for the Cap?
In car accident injury claims across Nova Scotia, New Brunswick, and Prince Edward Island, the
concept of a “minor injury cap” plays a significant role in determining compensation for pain and
suffering. This cap limits the maximum amount a person can receive in damages if their injuries are
considered “minor.” However, the definition of what constitutes a “minor injury” varies between
these three provinces, adding complexity to the claims process.
Nova Scotia: A Clear Definition of Minor Injuries
In Nova Scotia, the term “minor injury” is well-defined by law. Injuries such as sprains, strains, or
whiplash-associated disorders (WAD) are categorized as minor. These are often referred to as
soft tissue injuries, which affect the muscles, nerves, and tendons. According to the Nova Scotia
Financial Services Commission, the minor injury cap for 2023 is $9,976. Injuries falling under this
cap are usually expected to heal without long-term consequences, and compensation for pain and
suffering is capped accordingly.
New Brunswick & Prince Edward Island: The Complex Approach
In contrast, New Brunswick and Prince Edward Island take a broader approach to defining injuries.
Rather than listing what constitutes a minor injury, they define what is not considered minor.
Injuries that have substantial and permanent impact on a person’s work or daily activities are
categorized as serious injuries, exempting them from the cap. Anything short of that standard is
classified as minor.
This means that injuries that might seem severe, such as certain cases of whiplash, could still fall
under the cap unless they are proven to have long-term effects on your ability to work or
function in daily life. In New Brunswick, the minor injury cap for 2023 is set at $9,498.
How Does the Injury Affect Your Life?
An important consideration in decidingwhether an injury falls under the cap is how it impacts your
specific lifestyle. For instance, if you have an injury like an ankle sprain, it may be classified as
minor if you can walk and run after healing. However, if you have a career that requires strenuous
use of your ankle—such as a dance instructor or an athlete—it could be deemed a serious injury
because of its impact on your ability to perform these activities.
The cap limit and injury classification also take into account how the injury interferes with
hobbies or family roles. For example, if the injury affects your ability to care for children or perform
other necessary tasks, it may not be considered minor.
What Should You Do If You Think You Have a Minor Personal Injury?
There is often a waiting period of up to a year to determine whether an injury will have lasting
effects, and therefore, whether it should fall under the cap. Injuries must demonstrate permanent
consequences to exceed the cap. Seeing a doctor immediately after the accident is critical, not
only for treatment but also for documenting the injury’s severity and impact.
The Importance of Expert Medical and Legal Opinions
Avoid relying solely on the opinions of insurance representatives or health care providers when
figuring out whether your injury is subject to the cap. Proper assessment by experts, including
physicians and legal professionals, is crucial. This is especially important in provinces like New
Brunswick and PEI, where the classification of minor versus serious injuries can significantly affect
your compensation.
It’s also worth noting that the insurance companymay have its own approach to interpreting these
laws, so obtaining independent legal advice is essential to ensuring you receive fair treatment.
Compensation Beyond the Minor Injury Cap
If your injury is thought to be minor, your compensation for pain and suffering will be limited by the
cap, but you may still be eligible for other forms of compensation. These could include:
• Lost wages due to time off work
• Medical expenses
• Rehabilitation costs
• Future care needs if applicable
Understanding the minor injury cap in Atlantic Canada is crucial for anyone involved in a car
accident. The laws in Nova Scotia, New Brunswick, and PEI differ, but they all hinge on whether an
injury has long-term effects on your ability to work or live your life as you did before the accident.
Given the complexities of these laws, it is advisable to consult with a personal injury lawyer to
assess your case and ensure you receive fair compensation.
Helping Injured Clients
For over 35 years, CLG Injury Lawyers have helped thousands of injured clients. We fight for your rights to receive the maximum compensation you deserve. Providing you the Peace of Mind to focus on your Road to Recovery. Our experienced personal injury lawyers offer a free, no obligation case evaluation.
For more articles and safety tips, go to https://clginjurylaw.ca/blog/ or subscribe to our newsletter.
