How do I know if my injury is a "Minor Injury"?
It is important that you understand this is a legal question, and not a medical question. A doctor cannot tell you if you have a minor injury. The definition of minor injury is created by statute, regulations, and caselaw.
Nova Scotia:
The criteria or definition of "Minor Injury" is collectively created by Section 113B(1) of the Insurance Act and the Automobile Insurance Tort Recovery Limitation Regulations (Minor Injury Regulations).
Section 133B(1) states as follows:
Limitation on liability
(a) "minor injury" means a personal injury1 that:
(i) does not result in a permanent serious disfigurement,
(ii) does not result in a permanent serious impairment of an important bodily function caused by a continuing injury which is physical in nature, and
(iii) resolves within twelve months following the accident;
(b) "serious impairment" means an impairment that causes substantial interference with a person's ability to perform their usual daily activities or their regular employment.
At the present time, no one can tell you, for certain, if you have a "minor injury", as defined by s. 113B and the Minor Injury Regulations. The reason for this is that there is great uncertainty about how to interpret s. 113B and the Minor Injury Regulations. Also, there is uncertainty as to whether s. 113B and the Minor Injury Regulations are valid laws.
Until the courts rule on the validity of s. 113B and the Minor Injury Regulations, and begin interpreting the various provisions, there is too much uncertainty to know if a given person's injuries are "minor injuries". This situation of uncertainty has caused great frustration to injured people and lawyers representing injured people.
Prince Edward Island:
The criteria for the minor injury cap are set out at s. 254.1 of the Insurance Act:
(a) "accident" means an accident arising out of the use or operation
accident of an automobile;
(b) "minor personal injury" means an injury that does not result in
(i) permanent serious disfigurement, or
(ii) permanent serious impairment of an important bodily function caused by continuing injury that is physical in nature;
(c) "plaintiff" means a plaintiff in an action for damages arising out of an accident;
(d) "serious impairment" means an impairment that causes substantial interference with a person's ability to perform his or her usual daily activities or his or her regular employment.
(2) In an action for damages arising out of an accident, the amount recoverable amount recoverable as damages for the non-pecuniary loss of the plaintiff for minor personal injury shall not exceed $2,500.
(3) This section does not apply to an action for damages in respect of
an accident occurring prior to April 1, 2004. 2003,c.1,s.3.