When it's Time to Get Help

Emotional Distress Damages in Personal Injury Cases

by John McKiggan

In law, damages “. . . are
meant to put an injured person in as good a position as he or she would have
been in had those injuries never occurred”. Personal injury lawsuits
following an accident usually include compensation for what lawyers refer to as
“non-pecuniary damages” and what most people call “pain and suffering”.

In cases where someone has suffered
a physical injury, like a broken leg, it is easier to show the nature of the
injury and the harm it has caused. But what about where the primary injury is
related to the psychological distress of the traumatic accident?

Damages for emotional distress can
be difficult to determine and will greatly depend on the nature of your
injuries and the specifics of your case.

Posted in: Personal Injury

What is a Concussion & How Long Will it Take Me to Recover?

by Brian Hebert

A concussion is a form of mild traumatic brain injury caused by sudden shaking of the brain inside the head. The brain sits inside the skull surrounded by cerebrospinal fluid. With a sudden hit to the head or other part of the body, the head can move quickly in one direction.

However, the brain stays where it is, “floating” in the fluid so to speak, until it is struck by the inside of the skull which bats the brain toward the opposite wall of the skull. The brain can bounce back and forth between the opposite sides of the skull several times before everything calms down.  All of that commotion can cause bruising, bleeding and nerve damage.

Symptoms
of a Concussion

Posted in: Brain Injury

Motor Vehicle Collisions a Leading Cause of Serious Injuries in Nova Scotia

by John McKiggan

In
the early hours of May 26, 2019, a car struck a culvert that left two Nova
Scotia men seriously injured. RCMP police quickly alleged that the driver was
showing signs of alcohol impairment. The passenger of the vehicle was
transported by LifeFlight to Halifax for further medical treatment.

This
unfortunate accident is just one of hundreds of motor vehicle collisions that
happen across Nova Scotia every day.

How Much Are My Injuries Worth?

Posted in: Car Accidents

Brain Stem Injuries

by John McKiggan

By John McKiggan Q.C.

One of the huge challenges in representing survivors of brain injury is providing convincing evidence of the debilitating nature of the injury. This is even truer in cases where the brain injury doesn’t cause any obvious physical disability. It can be easy to miss the signs of brain injury if you don’t know what to look for.

A short story

Posted in: Brain Injury

Vehophobia After a Car Accident

by John McKiggan

Do you
experience fear of driving or get anxious about getting behind the wheel of
your vehicle? Do you have paralysing thoughts of being responsible for an
accident that may cause others injury or loss of life?

An Accident Caused Vehophobia

It was Saturday
morning and “Jim”, had stopped at a stop sign. He was a busy man, but Jim had promised
he would always attend his 6-year-old son’s soccer games. His son sat in the
back seat with a soccer ball in his lap.

Posted in: Car Accidents

PEDESTRIAN-CAR COLLISIONS ON THE RISE IN HRM

by Mark Raftus

This article provides an update to a January 22, 2016 article I wrote for the McKiggan Hebert personal injury blog titled Good News in the Battle Against Pedestrian-Car Collisions”.

In this article I concluded pedestrian-car
“accidents” were on a decreasing trend in Halifax in 2015. Sadly, it does not
appear the trend has continued in the three-plus years since the article was
penned.

In the article I updated the statistics from my December 23, 2014 article Pedestrian-Car Collisions: An Epidemic in Nova Scotia showing the number of pedestrian-car collisions in Halifax had increased from 2013 to 2014 with attributed causes ranging from poor weather to poor visibility.

Posted in: Uncategorized

Five Tips for Negotiating the Best Personal Injury Settlement Possible

by John McKiggan

If you have been injured in a car accident you probably have
a lot of questions. If your injuries prevent you from being able to work, the
pain of the injuries can be aggravated by the stress of wondering how you are
going to pay your bills.

We want to make filing a personal injury
claim as stress-free as possible. We believe that innocent victims of serious
accidents should be fully compensated for their injuries. But the unfortunate
reality is that insurance companies and defense lawyers alike will take every
measure to ensure that they have to pay as little compensation as possible to
you, no matter how serious or life-altering your injuries may be.

The bottom line is that insurance companies want to make
profits and their profits decrease the more compensation they pay accident
victims.

Posted in: Personal Injury

Living with a Brain Injury: What Families and Caregivers Need to Know

by John McKiggan

While the road forward may be challenging, it is important
for families and caregivers to know what to expect when it comes to living with
a brain injury.
Returning home after sustaining a brain injury—no matter how severe—can be a
complex and emotional experience. For many, returning home is a sign of triumph
after rehabilitation, and since home is a place of safety and security, is
where they find their old selves once again.

Brain damage can result in confusion, memory loss, poor
organizational skills, disinhibition and poor reasoning skills and judgment.  Individuals who have been affected by a
traumatic brain injury may appear to have changed dramatically. It is important
that friends, family members and caregivers understand that the individual does
not want to feel or act differently than they did before the injury.

As brain injury lawyers, McKiggan Hebert has represented
hundreds of survivors and helped their families understand the
impact that a traumatic brain injury can have
. With this in mind, we have
compiled a basic list of things that families and caregivers should know when a
brain injury survivor returns home, prepares to return to work and wishes to
return to a normal life.

Posted in: Brain Injury

Tough News Decision from the Nova Scotia Court of Appeal Affecting Car Crash Injury Victims

by Mark Raftus

Seriously injured car crash victims will now receive less money in their pockets after trial for loss of future income damages claims given the December 10, 2018 Nova Scotia Court of Appeal decision in Sparks v Holland.

In the past, certain types of income replacement benefits received by an injured Plaintiff were not deducted from a Plaintiff’s award for loss of future income. These were referred to as collateral benefits.

In the past, Canada Pension Plan Disability [CPPd] benefits were not deducted from future income loss awards. Unfortunately, the highest Court in Nova Scotia has ruled that future CPPd are not a collateral benefit and are indeed deductible from loss of future earning capacity and loss of future income damages awards made at Trial.

Posted in: Car Accidents