Suing After a Car Accident in Nova Scotia

Suing after a car accident in Nova Scotia means starting an action against the at fault driver in the Supreme Court of Nova Scotia, governed by the province’s Civil Procedure Rules. The action is separate from the no fault benefits your own insurer pays after a car accident and runs alongside them. The province’s minor injury cap can limit the pain and suffering part of the award, so the medical record built in the first year often decides what the claim is worth.

Suing After a Car Accident in Nova Scotia Starts in the Supreme Court

The Supreme Court of Nova Scotia hears civil claims of this kind, and an action is started by filing a notice of action with a statement of claim and serving it on the defendant. The Civil Procedure Rules provide a lighter procedure for claims under a set monetary threshold, which shortens discovery and reduces cost. Smaller claims can instead go to the Small Claims Court of Nova Scotia, subject to its own limit. Procedure information is published by the Nova Scotia courts.

The Deadline to File

Nova Scotia’s Limitation of Actions Act sets a general two year period running from the day the claim was discovered, with a longer outside limit that applies whether or not the claim was discovered. In a personal injury claim the court also has a discretion to allow an action started after the two years, within a further limited period, where it is fair to do so. That discretion is not something to rely on. The date is confirmed against the statute at the outset, and the Act is published on CanLII.

Fault and How It Is Shared

The named defendant is the driver, but the defence is run by that driver’s insurer. Nova Scotia reduces an award by the injured person’s own share of fault where contributory negligence is proved. Where liability is admitted, the case narrows to the injuries and their consequences.

From Discovery to Resolution

Both sides exchange relevant documents and are questioned under oath at discovery. The defence usually arranges an independent medical examination. Once treatment has plateaued the file can be valued, which is where the Nova Scotia minor injury cap is fought and where the ordinary assessment in the general damages guide applies. Most actions resolve at settlement discussions or mediation rather than at trial.

What the Firm Does

The firm opens the benefits claim described in the Section B benefits guide, protects the limitation date, and conducts the action on Nova Scotia car accident files, with no fee unless the claim resolves.