Category: Personal Injury

Minor Injury Cap Reinstated in Alberta

by John McKiggan

Last week the Alberta Court of Appeal released its decision in Morrow v. Zhang.

Alberta introduced legislation placing a “cap” of $4000.00 on the compensation that persons who suffered a “minor injury” were entitled to receive. The plaintiff’s Morrow and Pedersen appealed the cap claiming that it infringed their rights under Section 15(1) of the Canadian Charter of Rights and Freedoms.

The trial judge ruled that, were it not for the “minor injury” cap, the plaintiffs would have been entitled to non-pecuniary damages in excess of the $4,000.00 cap. The trial judge also found that the distinction in the legislation between people that had suffered a minor injury and other injured victims resulted in substantive inequality resulting in an unequal distribution on financial benefits.

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Posted in: Car Accidents, Insurance Claims, 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

Posting About Your Car Accident on Facebook? Better Think Twice!

by John McKiggan

I came across an interesting case the other day which should worry anyone who is interested in privacy rights.

Leduc v. Roman is a case out of Ontario. The plaintiff, Leduc filed a claim for compensation for injuries he claim to have suffered in a car accident.

The defendant, Roman, made an application to court for an order to produce the contents of Leduc’s Facebook page! Leduc claimed that, because he only allowed access to his Facebook page to his Facebook “friends”, the contents of his Facebook site were private and confidential.

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Posted in: Car Accidents, Personal Injury, Uncategorized

Nova Scotia Personal Injury Claims: Compensation for Fatal Injuries

by John McKiggan

How Do You Put a Price on the Loss of a Loved One?

I have already posted about how the courts calculate compensation for pain and suffering. But what happens if your family member died from their injuries?

There is no way to truly place a dollar value on the loss of a loved one due to a fatal injury. Law makers in Canada and the courts have struggled with the question of how to fairly compensate surviving family members for the loss of a loved one.

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

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

Ban Fighting in Hockey to Prevent Brain Injuries – Deaths: Expert Panel

by John McKiggan

Concussion a Major Cause of Injury in Sport

Traumatic brain injury due to concussion is a leading cause of injury in hockey. An expert panel at the London Hockey Concussion Summit has called for the elimination of high hits and head hits and a total ban on fighting in hockey.

Fighting can Cause Long Term Injury or Death

The panel’s conclusions state:
“Fighting is one of the known causes of concussion, and may result in the related long term complications. Fighting can cause needless death”.
The summit’s chair, Dr. Paul Echlin, stressed that the various recommendations were designed to “serve as a framework for future discussion” and to promote awareness, prevention, recognition and management of concussion in hockey.

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Posted in: Brain Injury, Personal Injury, Uncategorized