Category: Uncategorized

NFL Brain Injury Lawsuit Raises Public Awareness of Dangers of Concussion

by John McKiggan

The New York Times recently reported that 75 former professional football players from the NFL have filed a claim against the National Football League claiming the league was aware that concussions could cause long term brain injury and that the league failed to warn players and properly treat their injuries.

Recently there have been a number of stories in the media surrounding the dangers of concussion and minor traumatic brain injury. Mostly spurred by injuries to professional athletes. See for example:

Hockey Players Losing More Time Due To Concussions

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Posted in: Brain Injury, Child Safety, Head Injuries, Uncategorized

Nova Scotia Brain Injury Claims: Signs of Minor Traumatic Brain Injury

by John McKiggan

Diagnosing Traumatic Brain Injury

There are a number of diagnostic tests that doctors use to test for brain injury. The problem is that most of the tests (X-Ray, CT Scan, MRI) are not sensitive enough to detect the subtle changes cause by minor traumatic brain injury.

Several years ago I had a case where I was asked to provide a second opinion to someone who had been in a car accident. She had received an offer of compensation based on the fact that she hyad broken some bones in the accident.

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Posted in: Brain Injury, Head Injuries, Personal Injury, Uncategorized

Baby Dragged By Car Highlights Dangers of Unattended Children: Kids and Cars Canada

by John McKiggan

Baby Dragged By Car

The Ottawa Citizen reported that a 6 month old boy suffered head injuries after being dragged 12 meters by the family car when it rolled backwards down their driveway after being knocked into gear by his 3 year old sister.

The infant’s 14 year old sister was helping her mom get the family ready for a trip. The baby had been buckled into a car seat and the car seat was placed on the driveway beside the family car. The family’s 3 year old daughter was playing in the front seat of the car and managed to knock the car into gear. The car started rolling backwards and dragged the infant in his car seat for almost 12 meters. Media reports list the baby as being in stable but serious condition.

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Posted in: Car Accidents, Child Injuries, Child Safety, Head Injuries, Kids and Cars Canada, Uncategorized

Child ATV Injuries in N.S. Down (or Maybe Not)

by John McKiggan

A pediatric surgeon at the IWK Health Center, Dr. Natalie Yanchar recently completed a study comparing ATV related hospitalizations in the province for three years before Nova Scotia introduced restrictions on children driving ATVs and the three years since the legislation was put into place.

According to Dr. Yanchar’s study, ATV related hospitalizations dropped 38% since the new legislation was put in place and severe ATV related injuries dropped 75%.

In 2005 Nova Scotia enacted legislation requiring mandatory safety training for children. The legislation also prohibits children under the age of 14 from riding ATVs unless they are on closed courses. 14 and 15 year olds are able to ride ATVs while under parental supervision.

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Posted in: Child Injuries, Child Safety, Kids and Cars Canada, Uncategorized

Brain Matter: The Survivor’s Guide to Brain Injury Claims

by John McKiggan


I am very proud to announce the publication of my latest book: Brain Matter: The Survivor’s Guide to Brain Injury Claims.

I have been representing survivors of traumatic brain injury for 20 years. After spending years volunteering with the Brain Injury Association of Nova Scotia I realized there is a real lack of public awareness about traumatic brain injury claims.

So I decided to write a book to try to help educate the public and to provide information to brain injury survivors, and their families, about the legal issues surrounding traumatic brain injuries.

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Posted in: Brain Injury, Head Injuries, Uncategorized

Court of Appeal Helps Clarify Causation in Personal Injury Claims – Farrant v. Laktin

by John McKiggan

“What Caused My Injury?”

A defendant is only responsible for compensating a plaintiff for injuries caused by the defendant’s negligent conduct. Proving what injuries were, or were not, caused by the defendant’s conduct is often the biggest battle in many personal injury trials. See for example, Causation in Personal Injury Claims.

There has been some legal debate as to how the Supreme Court of Canada’s decisions in Athey v Leonati and the more recent decision of Resurfice Corp v. Hanke relate to one another.

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Posted in: Car Accidents, Causation, Minor Injury Cap, Personal Injury, Spinal Cord Injuries, Uncategorized

Turning Your Head Increases Risk of Whiplash Injury

by John McKiggan

“Are Whiplash Claims Capped?”

Recent changes to Nova Scotia’s so-called “minor injury” compensation cap rate the injury using what is known as the Whiplash Associated Disorder (WAD) Scale. Compensation for non-pecuniary damages for WAD 0, WAD 1 and WAD 2 injuries are “capped” at $7,500.00.

But compensation for more severe forms of whiplash WAD 3 and WAD 4 injuries are not subject to the “minor injury” cap.

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Posted in: Car Accidents, Minor Injury Cap, Personal Injury, Spinal Cord Injuries, Uncategorized

Kids in Hot Cars: Criminal Charges or Better Education?

by John McKiggan

Today I was interviewed as Chair of Kids and Cars Canada. The issue: The dangers of leaving children in hot cars and what can be done to prevent it. Should the conduct be criminalized or will better public education help?

You can listen to the interview and the calers comments by going to 570 News website and clicking on the link to the audio clip of the interview.

Leaving Kids in Hot Cars

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Posted in: Child Injuries, Child Safety, Kids and Cars Canada, Uncategorized