Uncategorized Archives - Page 21 of 29 - Halifax Personal Injury Lawyer Blog

March 10th, 2010

When is an Expert not an Expert?

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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February 19th, 2010

What does “Surveillance” Have To Do With the Boy Scouts?

by John McKiggan

“I always feel like somebody’s watching me.”

Remember that song from the 80’s one hit wonder Rockwell? It’s one that many claimants in personal injury claims feel like singing.

Secretly Watching You

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February 19th, 2010

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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February 12th, 2010

What is “Hearsay”?

by John McKiggan

Hearsay is a term lawyers use to describe statements made by someone who is not in court to testify about what they heard. For example, if you were testifying in trial, you could say: “I saw the car drive through the read light” because you are testifying about something you actually saw happen.

On the other hand, if you said: “Bob told me that he saw the car drive through the red light” that would be hearsay, because Bob isn’t in court to testify about what he saw.

Inadmissible Evidence

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February 10th, 2010

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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February 9th, 2010

Brain Injury Leading Cause of Death and Serious Injury for Skiers and Snowboarders

by John McKiggan

A new study from the University of Calgary has found that wearing a helmet while skiing or snowboarding reduces the risk of head injuries by 35%.

A report in the latest in the latest Canadian Medical Association Journal reported that traumatic brain injury is the leading cause of death and serious injury to skiers and snowboarders. Studies have found that between 2 and 5 of every 10 traumatic brain injuries could have been prevented by wearing a helmet.

Ski Industry Rejects Calls for Mandatory Helmet Use

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January 22nd, 2010

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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January 21st, 2010

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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December 26th, 2009

Lawyer Fees: How To Hire a Personal Injury Lawyer

by John McKiggan

Lawyer Fees Generally

Usually lawyers are paid an hourly rate for the time they spend working on behalf of the claim. For the most part, the hourly rate changed by lawyers increases depending on the lawyer’s experience and, in particular, the lawyer’s experience in the particular field in which he is being retained.

Time = Money

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December 21st, 2009

What is “Vicarious Liability”? Halifax Personal Injury Lawyer Explains

by John McKiggan

Direct Liability

The term vicarious liability comes up in personal injury claims frequently. In most cases, your claim will be against the person who directly caused your injuries. For example, if you are run over by a car while walking in a cross walk, you can sue the driver of the car who may be found directly liable (at fault) for your injuries.

Vicarious Liability

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