Category: Car Accidents

When is an Expert not an Expert?

by John McKiggan

A recent decision from the Ontario Superior Court had to ask (and answer) this questions.

In Babakar v. Brown the Babakars were injured in a motor vehicle accident. They were insured by State Farm Insurance. They applied for accident benefits under their own automobile policy. Their insurance company sent the Babakars to see a psychologist, an orthopedic surgeon and a physiotherapist for so called “independent” medical examinations.

Plaintiffs Cut Off

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Posted in: Car Accidents, Expert evidence, Experts, Insurance Claims, Personal Injury, Uncategorized

NDP Requests Public Input Regarding “Minor Injury” Compensation Cap

by John McKiggan

Darrel Dexter’s NDP Government pledged to remove the unfair $2,500.00 cap on compensation for motor vehicle accident victims who have suffered a “minor injury”.

Constitutional Challenge Unsuccessful

A constitutional challenge was filed against the legislation arguing that the cap of $2,500.00 for persons who have supposedly suffered a minor injury was contrary to the Charter of Rights and Freedoms. The constitutional challenge failed at both the trial level and the Nova Scotia Court of Appeal. Leave to appeal to the Supreme Court of Canada has been filed.

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

Facebook Being Used Against Personal Injury Victims

by John McKiggan

Defence Lawyers on Facebook

Everybody seems to be interested in Facebook, Twitter and all the other social media networks these days. That includes lawyers who represent insurance companies. There have been a series of cases across Canada where lawyers for insurance companies have demanded production of plaintiffs’ Facebook pages in order to use the information against the plaintiff.

Depressed Victim Looked Too Happy

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Posted in: Brain Injury, Car Accidents, Drug Injuries, Fatal Accidents, Insurance Claims, Medical Malpractice, Personal Injury, Product Liability, Uncategorized

Lawyer Fees: How To Hire a Personal Injury Lawyer

by John McKiggan

Lawyer Fees Generally

Usually lawyers are paid an hourly rate for the time they spend working on behalf of the claim. For the most part, the hourly rate changed by lawyers increases depending on the lawyer’s experience and, in particular, the lawyer’s experience in the particular field in which he is being retained.

Time = Money

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Posted in: Car Accidents, Legal Fees, Personal Injury, Uncategorized

What is “Vicarious Liability”? Halifax Personal Injury Lawyer Explains

by John McKiggan

Direct Liability

The term vicarious liability comes up in personal injury claims frequently. In most cases, your claim will be against the person who directly caused your injuries. For example, if you are run over by a car while walking in a cross walk, you can sue the driver of the car who may be found directly liable (at fault) for your injuries.

Vicarious Liability

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Posted in: Car Accidents, Fatal Accidents, Personal Injury, Uncategorized, Wrongful Death Claims

What is a “Discovery”? Halifax Personal Injury Lawyer Explains

by John McKiggan

The Discovery Process

One of the most important steps in any personally injury claim is the oral discovery. If you file a lawsuit for compensation for personal injuries you will be required to testify about your knowledge of the event that lead to the lawsuit and your knowledge of the injuries that you have suffered.

In other words; what happened? How badly were you injured? How have the injuries effected your life?

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

“I Want to File a Personal Injury Claim – Why Do I Have To Give All My Personal Information to the Defendant?”

by John McKiggan

I am often asked by my personal injury clients why they have to provide so much personal information to the defendant’s lawyers that appears to have little or no relevance to the injuries they suffered in their accident.

Income Records

When you file a claim for compensation for personal injuries, your entire life essentially becomes an open book. If you are looking for compensation for income loss that you say you suffered as a result of your injury, the defendant is entitled to details of all of your income records up to the time you were injured and since you were injured.

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Posted in: Car Accidents, 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