COMPENSATION SYSTEM: INJURY CLAIMS

Courts, Judges and Juries

In Atlantic Canada, the courts and judges are the compensation system for personal injury claims. People are free to negotiate agreements to settle injury claims "out of court"; however, when there is no agreement, the ultimate decision-maker on compensation is a judge or jury. There are deadlines for filing your case with the court system -- for example, in Nova Scotia, if you are injured in a car accident, you must file your case with the courts no later than three years from the day of the accident.

Fault-based System

Nova Scotia and Prince Edward Island have a fault-based injury compensation system. It is important to understand that not all injured persons are entitled to compensation. You are only entitled to compensation if your injury was caused by the wrongful actions of another person or business. Wrongful actions include intentional harm (physical assault) or unintentional harm resulting from risky behaviour (Negligence)

How do lawyers, insurance companies and Courts calculate Compensation?

Compensation is accomplished by payment of money from the wrongdoer to the injured person. If you are injured as a result of someone's negligence, then the law requires that person to compensate you for your losses. The law requires the negligent person to put you in the position you would have been in if you had not been injured. The negligent person would have to reimburse you for tangible losses like lost income and out-of-pocket expenses resulting from the injury. He or she must also compensate you for intangible losses, like pain and suffering, loss of ability to walk, having to live with chronic pain, etc.

It is important to understand that compensation is not calculated on an all or nothing basis. Even if you have been injured because of someones negligence, the court may reduce the compensation that person has to pay to you if you did not watch out for your own safety or were careless in some way.

Calculating the amount of compensation is not an easy task. Many variables must be considered, including the severity of your injury, the amount of impairment and disability resulting from the injury, whether the impairment and disability is temporary or permanent, your work history before the injury, the your medical history, unrelated accidents or injuries, and whether you are able to return to work.

The amount of loss is determined on a case-by-case basis. It can take years to put an accurate dollar figure on your losses. This is why it is difficult or impossible to predict, immediately following the injury, the amount of compensation to which you are entitle