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Car Accident FAQs

What compensation am I entitled to after a car accident?

If you’re injured in a car accident, you are entitled to claim compensation for all your losses. This includes general damages for your pain and suffering/loss of enjoyment of life. But it can also include any resulting income loss, treatment costs, out-of-pocket expenses. To determine what compensation is owed, some questions to ask would include: Have you experienced pain and suffering? Are you able to do your everyday tasks at work or at home? What would you have earned that you can’t but for your injuries? Have you incurred any out of pocket expenses?

What steps should I follow immediately after a car accident?

Being in a car accident can be scary and confusing. If you are in a car accident, the first steps include: checking yourself or any passengers for injuries; call for emergency assistance/police if there are any signs of possible injury; collect the information of any other parties to the accident (in particular, their names and insurance information); if there are any signs of injury, seek out medical assistance right away and contact your own insurance company to notify them of the accident.

What are “section B” car accident benefits in Nova Scotia?

Every car accident injury victim in Nova Scotia is entitled to certain insurance benefits regardless of who was at fault. These are called Section B benefits. These benefits can include medical treatment costs, loss of income, and housekeeping costs. After an accident, you or your injury lawyer should contact your insurance company as soon as possible to open a Section B claim. It is important to note that there are certain situations where you would open a Section B claim through another driver’s insurance policy, such as being in an accident as a pedestrian or passenger.

What does the “minor injury cap” mean for Nova Scotia car accidents?

Nova Scotia, New Brunswick and PEI have a cap on general damages (such as pain and suffering) for injuries that are considered “minor”. Nova Scotia law defines “minor” injuries resulting from car accidents as sprains, strains, and certain whiplash associated disorders that do not result in a serious impairment. It is important to know that this cap does not apply to monetary damages like loss of income. It also only applies to car accidents, not to personal injury claims such as slip and falls, assaults, and injuries resulting from product defects.

What is a limitation period in an injury claim?

Limitation periods are set by legislation. The impose a deadline by which an injured person must file a lawsuit. For injury claims in Nova Scotia, the general limitation period is 2 years from the date of your injury. There are some important exceptions however; discoverability applies (meaning that the clock doesn’t start ticking until after you reasonably know that you’ve been injured by someone else’s negligence). Also, in Nova Scotia there is no limitation period for sexual abuse claims.

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