If you’re injured in a motor vehicle accident, you’re entitled to compensation for the impact on your life. A personal injury claim aims to restore your financial position as if the accident hadn’t occurred. Compensation may cover pain and suffering (“general damages”), income loss, medical expenses, and limitations completing household chores (“loss of valuable services”).
In Nova Scotia, the government caps compensation for pain and suffering related to “minor” injuries from motor vehicle accidents. This “Cap”, adjusted annually for inflation, is set at $10,642 for 2025. Since its introduction in 2010, the Cap has been revised yearly in line with the Consumer Price Index.
When settling your claim, insurance adjusters may classify your injury as “minor.” It’s important to understand what that means and whether it applies to your situation.
| Year | Cap Amount |
| 2010 | $7,500 |
| 2011 | $7,664 |
| 2012 | $7,956 |
| 2013 | $8,100 |
| 2014 | $8,213 |
| 2015 | $8,352 |
| 2016 | $8,385 |
| 2017 | $8,486 |
| 2018 | $8,579 |
| 2019 | $8,768 |
| 2020 | $8,911 |
| 2021 | $8,937 |
| 2022 | $9,300 |
| 2023 | $10,000 |
| 2024 | $10,402 |
| 2025 | $10,642 |
There are 2 important things to know about the Cap:
- The Cap amount is tied to the year of your accident. Therefore, if your accident happened in 2017 and you have a “minor” injury, then you would be entitled to $8,486 for pain and suffering. If your accident happened in 2025 and you have a “minor” injury, then you would be entitled to $10,642; and
- The minor injury Cap only applies to pain and suffering and does NOT impact your entitlement to other heads of damages. Also note that the minor injury Cap does not apply to injuries sustained in an accident which did NOT involve a vehicle, for example from a slip and fall.
So, what is a minor injury?
The definition of a “minor” injury is found in the Nova Scotia Insurance Act. If your accident injury is a strain, sprain or Grade 1 & 2 whiplash (WAD) which does not result in a serious impairment of a physical or cognitive function, your entitlement to pain and suffering may be captured by the minor injury limit. Injuries like a concussion, fracture, TMJ injuries involving the joint or other cartilage, burns, amputations, scarring and disfigurement and those involving mental health diagnoses arising from accident injuries are NOT minor.
The definition of “serious impairment” is relevant to the determination of whether your injury is “minor”. Regulations under the Insurance Act define “serious impairment” as one which considers whether your sprain, strain, or whiplash injury results in a substantial inability to perform your work, education or activities of daily living.
If your accident injuries include a “minor” injury and a non-minor injury (for example, a concussion), then you can receive minor injury damages, plus additional damages for the concussion injury stacked on top of each other.
Determining whether an injury meets the definition of “minor” can involve a complicated legal analysis. Simply because an adjuster tells you your injuries are “minor” does not mean they are. The car accident lawyers at MDW Law would be pleased to meet with you for a free consult to review the specifics of your situation and to provide more detail on the damages you should expect to receive.
Illustrative Scenario #1:
Suzie suffered a whiplash grade II injury in a 2018 motor vehicle accident. Her injury largely resolved in 8 months with regular physio and massage. She missed 2 weeks of work immediately following the accident and had to hire babysitters to care for her 2 toddlers so she could attend treatment. She still has some limitations with her housekeeping and no longer mows the lawn or shovels the driveway. She has been offered $7,500 for damages by the insurance company.
Assuming for the sake of this example that Suzie has a “minor” injury, please note the following:
- Suzie’s accident was in 2018 so her general damage entitlement should be $8,579 and not $7,500 (the 2010 value);
- Her damages should include money to compensate her for all of her income loss;
- Her damages should also include money to reimburse her for the cost of the babysitters she had to hire to attend treatment; and
- She is also likely entitled to compensation for the impact of the injuries on her ability to do her housekeeping.
The total of these amounts will exceed the amount she has been offered.
Illustrative Scenario #2:
In a 2024 car accident, John sustained a concussion. With active treatment, his concussion resolved within 4 months and he was able to resume his work and extracurricular activities. He has been offered $10,402 for his “minor” injury damages.
John’s concussion does not meet the definition of a “minor” injury so his entitlement to general damages is NOT limited to the Cap on general damages of $10,402 in 2024.
Illustrative Scenario #3:
Noah sustained a whiplash injury following a slip and fall on a patch of ice in 2020. He had extensive physio but was able to continue working although he continued to have persistently troubling issues with his neck which limited him in playing hockey and housekeeping. He has been offered $8,911 for his pain and suffering on the basis of the “minor” injury Cap.
Noah’s injuries did not arise from a motor vehicle accident. As such, his whiplash injury is NOT covered by the “minor” injury Cap on general damages.
If you have any questions about whether your accident injuries are minor or not, then call 902.422.5881 to book a complimentary consultation with one of our personal injury lawyers to review the specifics of your case.