Category: Insurance Claims

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

Experts in Personal Injury Claims

by John McKiggan

“An expert is a person who has made all the mistakes that can be made in a very narrow field.”
Niels Bohr
Witnesses in a personal injury claim trial, or any trial for that matter, are only allowed to testify to facts. However, in some circumstances a witness may be allowed to offer an opinion. Only witnesses that have been accepted by the court as an expert in their field can offer their opinion.

Who Can Be An Expert?

Almost anyone can be qualified as an expert if they have special knowledge in a certain field that the average person doesn’t have.

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Posted in: 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

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

Parents Cannot Waive Children’s Right to Sue for Negligence

by John McKiggan

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:

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

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

“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