Halifax Personal Injury Lawyer Blog

Two years ago the province of Nova Scotia passed strict new rules for all-terrain vehicles (ATV's) supposedly to protect children from injury.

Rule Ban Children From Riding ATV's

The Off-highway Vehicles Act bans children under 14 from riding ATVs anywhere except on a closed course.

ATV's Pose Risk of Serious Injury to Children:
ATV's have become very popular in the last few years and as their use has increased, the number of serious injuires to children as a result of ATV accidents has sky-rocketed. There has been a call from medical professionals to ban children under age 16 from riding ATV's.

The Canadian Paediatric Society has stated that ATV drivers should be 16 or over, suggesting younger children are not developmentally ready to drive these vehicles.

There have been numerous reports in media about how dangerous ATV's are for young children. See for example: ATVs: Too Dangerous For Kids, Capital Health concerned about rise in ATV injuries

The Facts:

Sales of ATVs more than tripled between 1995 and 2003, rising from about 26,000 units to 94,000 units.

The Canadian Institute for Health Information reports the number of ATV-related hospitalizations increased by almost 50% in five years, from 1,693 in 1996/1997 to 2,535 in 2000/2001.

Children between the ages of 5 and 19 accounted for 36% of all ATV-related injuries.

Of the 92 ATV-related severe injury admissions in 2000/2001 where blood alcohol concentration was recorded, 26% tested positive.

Injuries from ATV-related activities are now the second most common cause of severe injuries in sports and recreation, after cycling.

Province Plans to Train 6 Year Olds to Ride ATV's:

Last week the province's Department of Health Promotion and Protection announced the government was spending $230,000.00 on 66 ATVs so that children as young as six could be trained to ride the vehicles.

Children's Hospital Says Plan May Increase Injuries:

Nova Scotia's Children's Hospital was critical of the plan. Dr. Robin Walker, vice-president of medicine at the IWK Health Centre, said that the training could actually lead to an increase in injuries:

"If this program leads to children more frequently operating ATVs because then their parents think that they're now trained to do so, this program could actually increase the number of children injured and killed," Walker said.

Premier Supports Plan:

Premier Rodney MacDonald supported the plan when it was announced last week. "If it's an investment in safety for our young people," he said at the time, "the government's willing to make it."

Premier Makes a U-Turn on ATV's:

But today Rodney MacDonald has decided he doesn't like the plan after all and he wants his money back. CBC news has reported that MacDonald is demanding the return of the $230,000.00 although he didn't have any details on how that was actually going to happen.

Leaving aside the debate about whether it was a good idea to use public money to train young children to ride ATV's (it wasn't!) the real question in my mind is whether children under the age of 16 should be driving ATV's AT ALL!

ATV's are a motor vehicle, just like a car or a motor cycle. Everyone accepts that one has to be mature enough to drive a car or motor cycle. Children cannot be licensed to drive motor vehicles until they are 16 and then there is a graduated license program to ensure that young drivers can gain the experience they need before getting an unrestricted license.

I have represented many families of children who have been seriously injured as a result of ATV accident's and I have come to the conclusion that children under age 16 simply should not be driving ATV's. Not on closed course. Not with training. NEVER.

What do you think?

Continue reading " ATV's Pose Serious Risks to Children: Premier does a U-Turn " »

A diet supplement used by bodybuilders called 6-OXO and 1-AD can trigger seizures and blood clots in the brain that can lead to lasting disability according to a warning issued today by Health Canada.

Both 6-OXO and 1-AD are manufactured by ErgoPharm-Proviant Technologies and are popular among amateur and professional bodybuilders.

CTV news reports that Health Canada has received one report of a serious adverse event that has been linked to use of the supplements. According to the report, a man who had no known health problems suffered seizures and blood clots in his brain after using the supplements.

6-OXO is not approved for sale in Canada, but consumers can buy the supplement over the internet or while travelling in the United States.

1-AD contains an anabolic steroid. That means the supplement is a controlled substance in Canada and can only be purchased by prescription and is supposed to be used only under the supervision of a doctor.

If you are using either of these supplements, you should seek advice from a doctor immediately.

On Monday I had the pleasure of golfing in the Brain Injury Association of Nova Scotia's annual charitable golf tournament.

The event went off without a hitch and I wanted to offer my congratulations to BIANS and their volunteers for making the day a great success.

As I mentioned in an earlier post, June is Brain Injury Awareness Month in Nova Scotia.

Brain Injury is one of the leading causes of injury and death in children. As our weather improves (finally) more children are going to be out riding their bikes, scooters and skateboards. Unfortunately, some of them are going to suffer a brain injury as a result of not wearing proper protective gear.

I am posting this public service announcement from the Virginia Emergency medical Services as a reminder for parents to ensure that your kids wear proper safety gear when they are out having fun.

Have a great...and safe...summer!

Nova Scotia Passes Law to Protect Insurance Company Profits

In 2003 Nova Scotia passed the Automobile Insurance Reform Act (AIRA) to protect the profits of the insurance industry at the expense of innocent accident victims.

"Minor Injury" Cap on Compensation

AIRA caps the amount of compensation that an accident victim can receive for non-pecuniary damages , (what is typically referred to as compensation for pain and suffering), for "minor injuries" at a maximum of $2500.00!

In other words, if you have a "minor injury", as defined by the AIRA law, the most you can receive for your pain and suffering is $2500.00. In many cases the insurance company will offer you less than $2500.00!

Why you may have a "Minor Injury": Reason #2 :

If your injury "resolved" within 12 months of your car accident, it will be considered a "minor injury".

The AIRA law defines a minor injury as any injury that:

...resolves within twelve months following the accident.

What Does Resolves Mean?

Now you and I know what resolves means; it means you are better! If you aren’t better in one year your injury has not “resolved” and you are entitled to more than $2500.00 in compensation. Right?

Wrong! As if things weren’t complicated enough, in an effort to:

Limit the ability of innocent car accident victims to get compensation for their injuries; and

Increase insurance company profits,

the government of Nova Scotia created regulations “defining” what the word “resolves” means.

According to the Minor Injury cap law, "resolves" means...

…does not cause or ceases to cause a serious impairment of an important bodily function which results from a continuing injury of a physical nature to produce substantial interference with the person’s ability to perform their usual daily activities or their regular employment…

In other words, if you are in a car accident and spend 6 months in a body cast and then 5 1/2 months in painful rehabilitation, but you pretty much fully recover within a year, you may be considered to have a minor injury. Your claim for pain and suffering may be capped at $2500.00.

"How Do I Prove My Injury Hasn't Resolved?"

In order to prove that you do NOT have a minor injury you must provide proof that your injury did not "resolve" within 12 months. How do you do that? By having your doctor carefully document the nature and extent of the ongoing effects of your injuries so that he or she can write a report confirming that you have a "serious impairment" that is "physical in nature" and continues to cause "substantial interference" with your "usual daily activities" or your "regular employment".

I will cover all of these requirements in future posts. The most important thing to remember is that just because the insurance company says you have a minor injury does mean that they are correct.

The minor injury cap law is complicated and confusing, even to some lawyers. If you or a family member have been injured in a car accident, make sure you get advice from an experienced Nova Scotia car accident claims lawyer.

Related posts:

Why the Insurance Company Says you have a "Minor Injury": Reason #1

Continue reading " Why the Insurance Company says you have a "Minor Injury": Reason #2 " »

Hypothermia therapy, where patients with traumatic brain injury (TBI) are cooled to prevent brain swelling, has shown promise in helping adult survivors of TBI. See this article for example.

However, a study led by researchers at Toronto's Hospital for Sick Children have found that the practice may be dangerous for children with brain injuries.

The study, involved 225 children at 17 centres in Canada, France and the United Kingdom. There was no difference in how the patients in each group recovered neurologically.

However the study found more deaths among the children who had been cooled - 23 versus 14 in the group not treated using hypothermia.

Dr. Jamie Hutchison, director of critical care research at Sick Kids and one of the lead investigators in the study said:

"We were very surprised by these findings, since preliminary research in adults with traumatic brain injury had demonstrated the potential benefit of hypothermia therapy..."

You can read more here.

June is Brain Injury Awareness month in Nova Scotia!

Traumatic brain injury is the number one cause of injury and death among children in Canada.

This one of my favourite public service messages from the Brain Injury Association. I love the way it gets the message across with humour without losing the point.

For more information about brain injury check out the website of BIANS, the Brain Injury Association of Nova Scotia.

I will be taking part in BIANS's annual charity golf tournament on June 16 at Brightwood golf course. I hope to see you there!

Nova Scotia Government Passes Law to Protect Insurance Company Profits

In 2003 Nova Scotia passed the Automobile Insurance Reform Act (AIRA) to protect the profits of the insurance industry at the expense of innocent accident victims.

"Minor Injury" Cap on Compensation

AIRA limits (or caps) the amount of damages that an accident victim can receive for non-pecuniary damages , what is typically referred to as compensation for pain and suffering, for "minor injuries" to a maximum of $2500.00!

In other words, if you have a minor injury, as defined by the AIRA law, the most compensation you can receive for your pain and suffering is $2500.00.

There are many reasons why the insurance company may claim that you have a minor injury.

Reason # 1

Your injury isn't "permanent"

The AIRA law defines a minor injury as every injury that does NOT result in a:

...permanent serious impairment of an important bodily function...

So the first reason the insurance company may say that you have a "minor injury" is because your injury isn't permanent.

That covers a lot of injuries. Think about it: bruises go away, torn muscles repair themselves, broken bones heal. There are few injuries that last forever.

Does Permanent Mean Forever?

In some cases (amputations) it may be obvious that the injury will last forever. But for most injuries the only way to know for sure that your injury is/was permanent is to wait until you die. If you still had the injury when you died, then the injury was truly permanent.

So does that mean you have to wait until you die before you can prove your injury is permanent?

Fortunately that isn't the case.

Various court decisions have considered what the definition of the word permanent means when it comes to personal injury claims.

A victims injuries will be considered to be permanent where there is a “substantial possibility” that the injury will continue into the future: Skinner v. Goulet.

"Permanent" means lasting into the indefinite future without any end limit: Bos v. James

How Do I Prove My Injury Is Permanent?

So the first thing you have to do to prove that you do NOT have a minor injury if provide proof that your injury is "permanent". How do you do that? By having your doctor carefully document the nature and extent of your injuries so that he or she can write a report confirming that there is a "substantial possibility" that your injury will continue into the "indefinite future" without any certain end limit.

There are a number of other reasons that the insurance company may say you have a minor injury, and claim that your compensation should be capped at a maximum of $2500.00. I will cover them all in future posts.

Continue reading " Why the Insurance Company Says you have a "Minor Injury": Reason #1 " »