Court of Appeal Confirms Minor Injury Cap – NDP to Repeal Cap Law
Whirlwind Week for Auto Accident Victims
It’s been quite a week for anyone interested in Nova Scotia’s automobile insurance minor injury cap.
Court of Appeal Decision
Whirlwind Week for Auto Accident Victims
It’s been quite a week for anyone interested in Nova Scotia’s automobile insurance minor injury cap.
Court of Appeal Decision
Head Injury Seminar
Hockey Canada is conducting its 2009 concussion seminar in Regina this week. The seminar, being staged jointly by Hockey Canada and the Dr. Tom Pashby Sports Safety Fund invites hockey player, parents, team managers, therapists, coaches and trainers, physicians and other medical professionals to receive up to date information on the diagnosis, treatment and return to play protocol for players who suffer from a concussion.
Concussions a Problem in Hockey
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?
Parental Waivers Not Worth the Paper They Are Printed On?
In what appears to be the first ruling of its kind in Canada, the British Columbia Supreme Court has ruled that parents cannot waive their children’s rights to sue for negligence when the child is injured as a result of participating in recreational or sports activities.
In Wong v. Lock’s Martial Arts Centre Inc, Justice Willcock held that British Columbia’s Infants Act:
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.
It’s summer time here in Nova Scotia (although you couldn’t tell from the weather we’ve been having lately). Thousands of children across Nova Scotia are attending summer camp for the first time. The experience can be perhaps a little nerve racking. Then Mom and Dad get the call they have been dreading:
“Your daughter fell off the swings and broke her leg…”.
“Your son was hit in the head with a baseball and is unconscious…”
“Your child fell out of the boat during sailing lessons and almost drowned…”
What do you do? Who do you call?
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”.
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.
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”.
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”.