If you or a loved one has been in an automobile accident in Nova Scotia, the following information will help you through the process of claiming your rightful compensation for losses caused by the accident.

 

  • If your injuries are not serious, a minor injury cap will be applicable on the amount of compensation you can claim. For accidents after April 27, 2010, a minor injury includes strains, sprains and certain whiplash injuries that have not disrupted your personal or professional activities.
  • After you’ve been in an accident, the other party’s insurance company will want to talk to you and have you agree on a settlement. You should know that you’re not obligated to give them a statement, unless you’ve decided to deal with them directly.
  • If the other party’s insurance company offers you a settlement that you don’t find adequate, it is best to consult with a qualified lawyer to negotiate a fair settlement.
  • Don’t make the mistake of accepting a settlement offer until you know the complete extent of your injuries or have fully recovered. This is important, as once you accept an early offer from the other party or their insurer you won’t be able to claim further damages arising from long-term treatment or loss of future work.
  • Hire a lawyer who will represent your case on a contingency fee basis. This means that you don’t need to stress over paying the attorney as they will bill you only if they win the case. The fee charged in this case will be a percentage of the settlement amount.
  • If the lawyer loses your case, you’re not liable to pay them anything for their services. However, do check in advance if you’ll be required to pay any administrative fees or charges.
  • A personal injury lawsuit in Nova Scotia must be filed within two years of the accident. If the case is against a government body, you must file a claim within one year—after giving them a notice at least two months before filing a lawsuit.
  • If you’re under 19 years of age, your legal guardian can file an accident claim on your behalf.
  • You can claim lost wages under Section B of your insurance policy from your own insurance carrier. To receive this benefit, called the Weekly Indemnity payment, you need to submit paperwork to your insurer, which includes your doctor’s report, Section B forms and details of any employee insurance benefits you’re receiving.
  • Always apply for Employment Insurance sick benefits—if your claim is refused because you’re not eligible, you can use the refusal letter in support of your claim to the insurance company.
  • Even if you were partially at fault in an accident, you can still file a legal suit in Halifax for your injuries.
  • Your settlement amount is calculated based on a number of factors, such as the nature and extent of your injuries, loss of present and future income, out-of-pocket expenses, emotional trauma and the impact of injuries on your day-to-day life. An experienced lawyer can help you claim your rightful compensation by taking into account all these factors.
  • If you were in an automobile accident when you were completing duties related to your work, you may be entitled to receive damages from the Workers’ Compensation Board (WCB).
  • Even if you’re covered with WCB, you can choose to file a personal injury tort claim, which is a lawsuit filed for compensation of losses suffered because of the negligence of another person. Consult a lawyer to know if you should file a WC claim or a tort claim.
  • If you choose to forego WC benefits, you need to do so within six months. But if your accident was caused by an individual while they were fulfilling their employment duties, Workers’ Compensation is your only option.
  • Even if the insurance company accepts your claim, it can take a while before you’ll be rewarded compensation. The insurance adjuster will carry out an investigation to ensure your claim is legitimate and to find evidence to negotiate a minimum settlement. The whole process can be long and taxing when you’re recovering from serious injuries, which is why it is important to have an injury attorney do the tough work for you.
  • If the at-fault driver does not have insurance or is underinsured, you can file a claim with your own insurance provider, under Section D of your policy.