If you've been injured due to an accident, negligence, or similar situations in Nova Scotia, there's some good news.
Nova Scotia offers several pathways to claim damages and seek compensation in both monetary and non-monetary forms. Those looking to claim after an injury should investigate the comprehensive personal injury framework offered in the province.
We suggest you take the time to read this complete guide to your Nova Scotia injury rights, then consult a lawyer with specialized knowledge of the complex laws.
Below, we will discuss the personal injury coverage available and types of injuries you can claim for, so you can understand the distinctions from the outset in order to maximize your compensation potential.
Car Accident Injury and Lawsuits
If you've been involved in a car accident and you're looking to seek financial claims, then depending on how the accident happened, you should be aware of the different potential claims types available to you. Knowing which route to go down can make sure you get adequately compensated.
Section A Claims
If someone else has caused an accident and injury, there is an option to make a third-party claim against that person. Essentially, you're claiming against their vehicle insurance. This third-party liability claim can help you pursue additional damages for pain and suffering, lost wages, and even lifetime care against their insurance through a lawsuit.
Canada's common law setting limits for general damages, your award could range from a few thousand dollars for a minor injury or, for more catastrophic events, up to around $450,000. It's a pretty wide range, which means having the proper legal support, like Prezler Injury Lawyers, on your side makes sure you don't go undercompensated.
Section A claims also include claims for loss of income and damages for other losses. All of which can be discussed with your injury lawyer expert from Preszler Injury Lawyers.
Section B Claims
The Section B is the no-fault benefits available to you for your care needs post accident. This can be a financial life raft as you figure out your Section A case. These are built into Nova Scotia's standard car insurance policies. So if you've had an accident, whether it's your fault, another driver's fault, or no one's fault, then you can get coverage for medical bills, lost wages, and even housekeeping.
It can help get you up to $50,000 in medical coverage over four years, covering physiotherapy, massage therapy, and even taxi rides to your medical appointments. Additionally, income support kicks in at 80% of your earnings, although that is capped at $250 a week. So for higher earners, this might not cover what you need, but can be helpful in your time of need. The rest of any income loss claims need to be sought via a claim against the at fault driver.
What Damages Can You Claim For Personal Injury in Nova Scotia?
Regardless of how you got hurt, whether that's a slip and fall or professional negligence, there are common damage categories that are relevant, and often, where the most money is available.
Current and Future Medical Expenses
Almost every injury type involves medical expenses, but there are differing rules depending on how the injury was sustained. Car accidents have distinct rules that we discussed earlier, but there can be unlimited coverage through lawsuits. Medical malpractice, workplace claims, slip and falls, and product liability have no upfront benefit caps, but you typically have to wait months or years for a trial or for a case to be settled to get paid. Further, some of these injuries, especially workplace, could be covered by workers compensation programs which limit the amount and ways you can be compensated.
The key that can often be missed here is often future medical expenses. A back injury that might need treatment for the next 20 years could cost $30,000 annually in physiotherapy, massage, counseling, or equipment. That could amount to expenses in excess of $600,000. So you should make sure to get full assessments of your current and future medical needs.
Lost Wages
In car accidents the Section B weekly indemnity benefit gives you income replacement in the time of need right after an accident occurs, but as mentioned above this is only 80% of your gross income up to a maximum of $250 weekly. Any amount sought from the at fault party will be reduced by the amount of income benefits collected from all other sources, including Section B, EI and other insurance amounts.
For medical malpractice, slip and fall, product liability, and negligence cases, there are no caps; it's all dependent on the lawsuit. So you could see yourself with full income replacement, past and future wages, and loss of earning capacity awards, even if you return to work in some cases.
Pain and Suffering
Here's where people might get confused between medical injury expenses and other similar benefits.
Specific regulations around car accidents apply here, with something called the Minor Injury Cap. This means that basic car accident injuries, such as soft tissue problems like sprains, strains, or whiplash that only affect muscles or nerves, are limited to $10,642. However, this cap is often revised to keep pace with inflation.
Injuries beyond this that are deemed more severe do not have this cap, so your case can yield substantially higher sums and awards.
Similarly, medical malpractice, workplace slips and falls, and other negligence don’t have a minor cap. Although for catastrophic injuries, the Supreme Court maximum is around $450,000 for pain and suffering cases. The larger end of the scale is far less common that amounts between $50,000 and $150,000.
Housekeeping and Home Care Loss
One category that you might not think of, but still applies to injury, is the economic value that Nova Scotian courts recognize in housekeeping.
If you can't manage your household duties due to an injury, you can be compensated for that loss. If you need extra help around the home, then the numbers can add up fast.
For a homemaker, this can be one of the largest damage categories once the hourly rates add up. And this can apply whether it's a car crash, workplace, or other malpractice and negligence.
Future Care Costs
For serious injury, future care can be the damage category that dwarfs everything else combined. Let's say you sustain a disability from your accident. You might need home modifications, specialist equipment, personal care, ongoing medical treatment, and therapy. That's a serious compounding cost over the decades.
To give you an example of some numbers, a serious spinal injury could need $50,000 annually in care costs. Over 25 years, that's $1 million worth of costs.
While major incidents like serious car crashes seem like the obvious place for these injuries to occur, even a simple slip or fall on ice can result in 12 times more force than is needed to fracture a skull. So what might appear at first as a misstep can dramatically alter a person's life and the damages they should seek.
Deadlines and Your Plan of Action
When it comes to personal injuries, there are essential steps and timelines that play a significant part in your case.
First Steps After an Injury
No matter how you're hurt, there are some critical first steps. The immediate priority in the first 48 hours is to get medical attention. Never wait to see how you feel.
The earlier your medical documentation is started, the better the chance your claim will be successful.
Along with this, document everything you can: photos of the scene, your injuries, any defective products, and hazardous conditions. Plus, get witness information while your memories are fresh and people are easy to contact.
As soon as possible, report the incident. Car accidents should be reported to the police and your insurance company, workplace injuries to your employer and WCB, slip and falls to the property owner, and medical errors to hospital administration.
In fact, in order to collect a weekly income benefit from Section B you must have been placed off of work by a doctor within 30 days of the accident.
As your injuries develop, make sure to track everything, including medical appointments, time off work, pain levels, and restrictions to activities. Make sure to keep all your evidence to avoid anything being lost, cleaned up, or repaired before you have a chance to document it.
The Two-Year Rule and Exceptions
There is a standard two-year rule, which means that most personal injury claims in Nova Scotia have a two-year limitation period from when you discover the injury and its cause. This applies to car accidents as it does to most slips and falls and negligence cases. If you miss this deadline, then your claim can become worthless.
There are some distinctions that could kill your case that are shorter:
- A wrongful death case must be filed within one year of the death
- A municipal claim (such as a slip on a city sidewalk) is one year plus 30 days' notice
- A Crown claim against provincial government property is two years, plus 66 days 'notice
- Medical malpractice is two years from discovery, which can be tricky to determine
The limitation period usually starts when you discover you were injured. In most cases, it's quite evident and easy to determine when an injury from a car crash or a slip and fall occurred, as that's usually the date of the accident. For medical malpractice or gradual onset workplace injuries, it could be years later before you actually discover the connection.
Bottom Line on Maximizing Your Nova Scotian Personal Injury Claims
Nova Scotia's personal injury law is extensive, but it does vary by situation. Car accidents can have very different systems from other personal injury scenarios. In addition, depending on the organization that you might be going up against, there can be specific rules, deadlines, and compensation potential.
The minor injury cap for car accidents often gets a lot of attention, so this might pop up when you're reading about your case, but it only applies to basic car accident injuries, whereas everything else operates under different, more generous rules.
Medical malpractice cases can be worth millions, but it can be tough to pinpoint the exact cause of injury and fight against Medical Associations.
Every case and every injury is different, with its own nuanced deadlines and requirements. The difference between expert help understanding these systems and not realizing what damages are available can be hundreds of thousands of dollars over the course of your life.
The complexity of the rules might lead you to think you don't have a case. Insurance companies might convince you to take an early settlement. Reading about small caps might make it seem not worth it.
So at the end of the day, if you do suffer a personal injury in Nova Scotia, make sure to start documenting everything immediately and seek medical and expert legal advice, regardless of how it happened.
