Category: Brain Injury

Claimant Dies After Settling Claim – Insurance Company Tries to Back Out of Deal

by John McKiggan

The Supreme Court of Nova Scotia recently released the decision of the Estate of Theresa Anne Jollimore v. The Personal Insurance Company of Canada. The decision of Justice Coady involves a case where a minor (Jollimore) suffered a serious brain injury when the car in which she was a passenger was involved in a car accident.

Father Acts as Litigation Guardian

Because she was a minor, Ms. Jollimore’s father was appointed by the court as her litigation guardian to act on her behalf to bring forward her compensation claim.

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Posted in: Brain Injury, Child Injuries, Insurance Claims, Personal Injury, Uncategorized

2 Questions To Ask Before You Hire a Personal Injury Lawyer

by John McKiggan

2 Important Questions

There are two questions that almost every single client asks me during our first meeting. They are questions that I think every person who has suffered a personal injury should ask their lawyer before they decide to hire them.

The two questions are:
1. How long will this take?
2. How much will I get?
The honest answer to both of these questions (at least during the initial interview) is: “I don’t know”.

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Posted in: Brain Injury, Car Accidents, Child Injuries, Insurance Claims, Medical Malpractice, Personal Injury, Uncategorized

Ontario Court of Appeal Tries to Bring Clarity to Calculating Loss of Housekeeping Claims

by John McKiggan

Landmark Ruling Regarding Loss of Housekeeping Capacity

In the 1991 decision of the Saskatchewan Court of Appeal in Fobel v. Dean, the court confirmed that loss of housekeeping capacity has value and an injured plaintiff is entitled to be compensated for the loss of that capacity.

Nova Scotia Confirms Claims for Loss of Housekeeping

In 1998, Nova Scotia Court of Appeal confirmed that the loss of housekeeping capacity is a separate and distinct head of pecuniary damages and must be compensated for accordingly. In Carter v. Anderson, Justice Roscoe stated:

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Posted in: Brain Injury, Car Accidents, Insurance Claims, Medical Malpractice, Personal Injury, Uncategorized

June is Brain Injury Awareness Month

by John McKiggan

Last week I had the pleasure of golfing in the Brain Injury Association of Nova Scotia’s 18th annual 18 Holes for Hope Golf tournament.

Brain Injury Awareness Month

The tournament is one of BIANS’s major fundraisers and I was happy to be part of the organizing committee.The tournament is held in June every year as part of Brain Injury Awareness month.

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Posted in: Brain Injury, Car Accidents, Child Injuries, Medical Malpractice, Personal Injury, Uncategorized

Doctors Call for New Name for “Shaken Baby Syndrome”: Halifax Brain Injury Lawyer Explains

by John McKiggan

The American Academy of Pediatrics (AAP) wants doctors to stop using the term “shaken baby syndrome”.

Shaken Baby Syndrome is a diagnosis used to describe injury to the brain, skull and the spine of infants who have suffered severe shaking.

The AAP has recommended using the term: “Abusive Head Trauma“. This diagnostic term more accurately reflects the nature of the injuries suffered by infants. The term also more accurately conveys the nature of the injury. Shaking an infant can cause bruising, swelling and bleeding to the brain which, according to the National Institute of Health:
“…can lead to permanent, severe brain damage or death.”
The fact remains that many members of the public do not realize that it is possible to suffer a brain injury without striking your head. That is one of the brain injury “myths” that I dispel in my article “8 Myths of Traumatic Brain Injury”.

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Posted in: Brain Injury, Child Injuries, Personal Injury, Uncategorized

Brain Injury Association of Nova Scotia (Halifax Chapter) Annual Meeting

by John McKiggan

As a member of the Board of the Halifax Chapter of the Brain Injury Association of Nova Scotia, I would like to extend an invitation to brain injury survivors, their family members and caregivers to attend the BIANS (Halifax Chapter) annual meeting.

When: Wednesday, April 22 at 7:00 pm
Where: Room 1613 A and B, Veterans Memorial Building
Why: The meeting will start with a chapter-wide plenary session focusing on Head On meetings and fundraising ideas. After the plenary session attendees are welcome to stay for a Head On meeting in 1613A and a Caregivers/Family Members meeting in 1613B.

More Information

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Posted in: Brain Injury, Uncategorized

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”.

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Posted in: Brain Injury, Car Accidents, Child Injuries, Insurance Claims, Medical Malpractice, Personal Injury, Uncategorized

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.

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Posted in: Brain Injury, Car Accidents, Child Injuries, Insurance Claims, Personal Injury, Uncategorized