Category: Car Accidents

Nova Scotia Personal Injury Claims: How Much Is My “Pain and Suffering” Worth?

by John McKiggan

One of the challenges that I face as a Nova Scotia personal injury lawyer is explaining to people who have been seriously injured how much compensation they are entitled to receive.

Pain and Suffering

One of the heads of damages that the court will consider when awarding compensation is what lawyers refer to as “non-pecuniary damages”. Most people refer to this type of damages as “pain and suffering”.

Benefits of “Minor Injury” Cap Legislation does not Justify Discrimination

by John McKiggan

Justice Walter Goodfellow has released the second part of his decision in Hartling v. Nova Scotia (Attorney General).

“Minor Injury” Cap Isn’t Unconstitutional

As I explained in a previous post last month: “Minor Injury” Compensation Cap Constitutional, Justice Goodfellow determined that Nova Scotia’s legislation that places a cap of $2,500.00 on the compensation that innocent accident victims can receive for their pain and suffering does not violate the Canadian Charter of Rights and Freedoms.

Nova Scotia Personal Injury Claims: “Minor Injury” Compensation Cap Constitutional

by John McKiggan

Nova Scotia Limits Compensation For Injured Car Accident Victims

As I have explained in previous posts, Nova Scotia has legislation that places caps on the amount of compensation that persons injured in car accidents are entitled to receive for their injuries.

“Minor Injury” Cap Constitutional

Chronic Pain Rewires the Brain: Insurance Companies Take Note!

by John McKiggan

For years insurance companies and their lawyers have been telling chronic pain victims: “…it’s all in your head!”

Defendants Claim Chronic Pain Isn’t Real

Insurance companies hire psychiatrists to produce reports claiming that the chronic pain victim’s pain is the result of a psychiatric illness, accuse the victim of malingering or come up with a bogus diagnosis like compensation neurosis.

How Insurance Companies Deny, Delay, Confuse and Refuse: New Report

by John McKiggan

Insurance companies use “dirty tricks” and “unethical behavior” to deny legitimate claims and boost their profits, according to a new report released by the American Association for Justice.

The report explains how insurers have:

…endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money.

Why you may have a “Minor Injury” from your Nova Scotia Car Accident: Reason #3

by John McKiggan

“Minor Injury” claims from Nova Scotia Car Accidents

I get the calls all the time: The client had a car accident in Nova Scotia. It wasn’t their fault. They have been injured. They have not been able to work for months. But the other driver’s insurance company says they have a “Minor Injury”. The insurance company says the client is only entitled to $2500.00 for their pain and suffering.

So they call me and ask: “That can’t be right, is it? That’s just not fair!”

Slow Down and Save a Childs Life!

by John McKiggan

Unintentional injury is the leading cause of death for children in Canada.

Safe Kids Canada has released a research report this week that showed that residential streets may be more dangerous for our children that we think. According to the study, which was released this week a child hit by a car travelling at 50 km/h has an 80 per cent chance of being killed!

Thousands of Children Injured or Killed in Pedestrian Accidents:

Pediatric Injuries Requiring Hospitalization in Canada Dropping

by John McKiggan

Injury is the leading cause of death and disability among children and adolescents in Canada. A new report from the Canadian Institute for Health Information indicates that the number of children injured each year in Canada has declined steadily over recent years.

The rate of child injury in 2005–2006 was 36.7 per 10,000 persons, compared to 40.6 per 10,000 persons, in 2001–2002.

The authors of report suggest that the decrease in pediatric injuries could be due to a variety of factors, including:

Sleepy Drivers Cause 400 Deaths 2100 Serious Injuries Every Year

by John McKiggan

Driver fatigue is a factor in 20% of fatal car crashes and the cause of more than 400 deaths due to car accidents every year according to a new report from the Highway Safety Roundtable.

The study also reported that an alarming 20 percent of Canadians admit to falling asleep at the wheel at least once over the last year.

I was actually a little surprised by the reports findings. In my practice representing people who have suffered injury as a result of motor vehicle accidents, I would have said driver fatigue was an issue in close to 50% of all serious car crashes.