Category: Personal Injury

Research May Show How to Heal Brain Injuries

by John McKiggan

A new study out of Boston Children’s Hospital published in the December issue of the journal Neuron shows that injured nerve fibers (axons) can regenerate when certain genes are deleted.

Brain and Spinal Cord Injury Usually Permanent

Victims of brain injury and spinal cord injury often suffer permanent and catastrophic injuries because their damaged nerve axons cannot regenerate. However, a team from the neurobiology centre at the Children’s Hospital of Boston indicates that axon regeneration is inhibited by certain genes.

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Posted in: Personal Injury, Uncategorized

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

Summer Camp Injuries – Seven Things You Need To Know

by John McKiggan

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?

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Posted in: Child Injuries, 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

June is Brain Injury Awareness Month

by John McKiggan

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.

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Posted in: Brain Injury, Car Accidents, Child Injuries, Medical Malpractice, Personal Injury, Uncategorized