Category: Personal Injury

Citizens Group says N.B. Insurance Cap Unfair

by John McKiggan

Consumer’s Group Calls For Review of Minor Injury Cap

The CBC has reported that a group of concerned citizens has formed a new consumers action group calling for a review of New Brunswick’s “minor injury” cap on car accident insurance claims.

Frances McConnachie is a member of N.B. Consumers for Insurance Fairness. McConnachie was quoted as saying she received $2,500 following an accident in 2004 that has left her with back and neck problems that limit her activities and make her reliant on therapy and pain killers.

Bicycle Helmets Save Lives – Prevent Brain Injury

by John McKiggan

I bought my son Liam a new bike this past weekend. He just couldn’t wait to get outside and go riding with his friends. But he had to wait while I made sure that his new bicycle helmet fit him properly.

Summertime is Bicycle Time

With warm weather and summer vacation the number of children on bikes increases dramatically. So do the number of children attending hospital emergency rooms with head injuries.

Brain Injury Survivors Face Long Waits for Services

by John McKiggan

Survivors of traumatic brain injuries face long waits for treatment and rehabilitation services.

No Service the Norm

The president of the Brain Injury Association of Canada, Shirley Johnson, says that for persons who have suffered brain injuries shortages of programs, long waiting lists or simply no access to services at all, is the norm in most areas of the country.

Nova Scotia’s Minor Injury Cap: NDP Makes “Minor” Improvements

by John McKiggan

Nova Scotia has a cap on the amount of compensation that innocent victims are entitled to receive when they have been injured in a car accident.

I have posted before about the unfairness of Nova Scotia’s minor injury cap. For example, see Benefits of “Minor Injury” Cap Legislation does not Justify Discrimination

Promise to Scrap the Cap

John McKiggan invited to present to National Symposium on Class Actions

by John McKiggan

Osgoode Hall Law School’s National Symposium on Class Actions is Canada’s “premier forum for class actions debate”. The Symposium “brings together leaders from both sides of the bar as well as experienced judges and academics to share and explain the strategies and tactics at play in this form of high-stakes litigation”.

The conference is taking place at Osgoode Hall Law school April 29 and 30.

I am pleased to say I have been invited to speak to the conference as part of a panel discussing the top 10 class actions decisions of the past year.

Brain Injury Lawyer Explains New Rule for Children with Head Injuries

by John McKiggan

More than 650,000 children are seen every year in hospital emergency rooms across North America suffering from the effects of mild traumatic brain injury.

Important Tool

CT scans are an important tool used in diagnosing the severity of brain injury. The problem is that CT scans expose children to the harmful affects of radiation.

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

Brain Injury Claims Will Continue Until Helmets Mandatory

by John McKiggan

Fashion is preventing skiers and snowboarders from wearing helmets…and it’s putting them at risk of brain injury according to a Toronto neurosurgeon.

The Journal of the American Medical Association published a commentary this week from Dr. Michael Cusimano, a neurosurgeon at St. Michael’s Hospital:
“Despite compelling evidence that shows wearing a helmet significantly reduces the chance of head and brain injury, there are still those who argue that helmets are not fashionable or part of the ski culture,” wrote Cusimano.
There are certain sporting activities that are known to have a higher incidence of traumatic brain injury:
* Bicycling
* Skateboarding
* Rollerblading (Inline Skating)
In most jurisdictions it’s now mandatory to wear helmets when doing any of these activities. People accept that it’s just common sense.

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