Whiplash Injuries and Nova Scotia’s “Minor Injury” Compensation Cap
Since 2003 Nova Scotia has had some form of a cap on the amount of compensation innocent accident victims are entitled to receive for their non-pecunaiary damages (what most people refer to as “pain and suffering”). For more information you can read:
Nova Scotia’s Cap on Compensation for ‘Minor Injuries’ in Car Crashes (2003 – 2010)
Although the cap has been in place now for eight years there are few reported decisions where the courts have interpreted what the definitions in the legislation actually mean. As a result, there is still debate between lawyers and insurance adjusters and defence lawyers about what injuries are “capped”.