Nova Scotia Car Accident Lawyers

Hurt in a crash in Nova Scotia? You have two years to start a claim. Your own insurer owes you Section B benefits from day one, whatever the fault. The at-fault driver’s insurer pays the rest. A Nova Scotia car accident lawyer handles both sides of that for you.

The Claim Has Two Years From Discovery and a Fifteen-Year Outer Limit

The Limitation of Actions Act, SNS 2014, c 35 sets the clock. Section 8(1)(a) gives two years from the day you discovered the claim. Section 8(1)(b) adds an outer wall of fifteen years from the collision itself, no matter when discovery happened. For a child, section 19 stops the clock until they reach adulthood.

Discovery in a rear-end collision is usually the day of the crash. Do not count on an extension. Late symptoms, such as chronic pain that shows up months later, go into the damages. They are not a reason to start late.

The Minor Injury Cap Touches Pain and Suffering Only

Nova Scotia’s Insurance Act, RSNS 1989, c 231 allows the Automobile Accident Minor Injury Regulations to cap pain and suffering for a sprain, strain or whiplash-type injury that resolves. The figure is indexed every year. The cap touches only non-pecuniary damages. Lost income, future care, housekeeping loss and out-of-pocket expenses are recovered in full outside the cap. An injury with a serious impairment escapes the cap entirely. The medical evidence decides which side of the line you fall on. We wrote about that in the minor injury cap in Nova Scotia.

A Nova Scotia Car Accident Lawyer Files in the Supreme Court, Where a Jury Is Available

We file a Nova Scotia crash claim in the Supreme Court of Nova Scotia. Either side may ask for a civil jury in a personal injury action. That is unusual in Atlantic Canada, and it changes how the evidence is presented. A claim worth up to $25,000 can go to the Small Claims Court of Nova Scotia instead.

Notice goes to the insurer first. We collect the medical records and deliver a demand once your recovery has plateaued. Discovery examinations come next, then mediation or a settlement conference, then trial if no offer meets the value of the claim. Most claims resolve before trial. We prepare each one as if it will not.

Section B Pays First, WCB May Apply at Work, and MSI Recovers Its Costs

Every Nova Scotia auto policy carries mandatory Section B accident benefits. They cover medical and rehabilitation costs, weekly income replacement, and funeral and death benefits. They pay regardless of fault, from your own insurer or the insurer of the car you were in. Section B is a floor, not the claim. Everything it does not cover comes from the at-fault driver.

If you were driving for work, WCB Nova Scotia may cover you under the Workers’ Compensation Act. A covered worker cannot sue their employer. A claim against a third-party driver outside the scheme still stands. MSI claims the cost of your treatment back from the wrongdoer inside the action, under the Health Services and Insurance Act.

Our Halifax office serves the whole province. Aodhan Murphy and Michael Byrne run the Nova Scotia injury practice.

Do I Have to Give the Other Driver’s Insurer a Statement?

No. The at-fault driver’s adjuster works for that driver. A recorded statement given early, before you know the extent of your injuries, becomes the argument that the injuries were minor. Refer the adjuster to your Nova Scotia car accident lawyer.

Do I Have to Cooperate with My Own Insurer?

Yes. Section B is a contract with your own insurer, and the policy requires you to supply the information needed to process the benefits. Sign the forms, attend the assessments, and send us anything that looks like a denial.

How Long Does a Nova Scotia Car Accident Claim Take?

Around two years is typical. The claim should not settle before maximum medical improvement. A settlement is final, and an early one leaves future losses unpaid. A client who recovers fully can settle sooner. A Nova Scotia car accident lawyer should say so rather than hold the file open.

Is a Jury Better for Me?

Sometimes. A jury hears the story of the injury in plain terms. A judge alone writes reasons that can be appealed on the law. Which to request depends on the injury and the defendant. We decide that with you.

The firm’s reported decisions are listed on our injury results. Trainor v. DeArcos, 2025 NBCA 131, a New Brunswick appeal on chronic pain, is persuasive authority before Nova Scotia courts. Other claim types are set out on injury law areas.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The Halifax office opens the file. Contact the firm, or read what the firm can do.