Category: Uncategorized

Assessment of Damages after Default Judgment: What’s the Burden of Proof?

by John McKiggan

Reasons for judgment were issued recently in an interesting case: MacKean v. Royal & Sun Alliance Insurance Company of Canada

The plaintiffs were injured in a car accident with an uninsured driver. The plaintiffs settled their claim against their own insurer under the uninsured driver provisions of their own automobile policy. When the claim was settled, the plaintiffs assigned their claim to their insurer RSA.

The uninsured driver was sued but failed to file a defence and had a default judgment entered against him.

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Posted in: Car Accidents, Expert evidence, Personal Injury, Uncategorized

Hockey Players Sue NHL for Concussion Claims

by John McKiggan

It’s the time of year that hockey is on the minds of many Canadians as we gear up for a Christmas tradition, watching the World Juniour Hockey tournament in Sweden.

Concussion Class Action

But in the United States, hockey is in the news for a different reason. Ten former National Hockey League players have filed a class action against the NHL claiming the league concealed evidence of the risks posed by repeated concussions and failed to protect players from head injuries by failing to implement rules that would protect players from head shots and other high risk behaviour.

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

Do bicycle helmets prevent head injuries? The answer may not be as obvious as you think.

by John McKiggan

Protect your noggin

If you were given the option of being hit on the head with or without a helmet, which would you choose? Wearing a bicycle helmet reduces the risk of head injury by approximately 85-percent. The choice seems obvious doesn’t it?

If the choice is so clear then why do one-third of Nova Scotian’s still not wear helmets when cycling? According to Statistics Canada approximately 35% of Nova Scotia’s still refuse to wear bicycle helmets on a regular basis.

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Posted in: Bicycle safety, Child Injuries, Child Safety, Head Injuries, Uncategorized

Protecting yourself from adverse drug reactions

by John McKiggan

For younger Canadians an adverse reaction to a pharmaceutical drug could be an inconvenience, but to seniors it could be life threatening. A report from the Canadian Institute of Health Information (“CIHI“) states that roughly 27,000 patients a year over the age of 65 end up in the hospital as a result of adverse reactions to their drugs.

According to the CIHI approximately 0.5% of Canadian seniors end up in the hospital every year due to their medication.

Further the cost to health carecare system in Canada of adverse drug reactions among seniors comes to approximately $35.7 million a year.

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Posted in: Drug Injuries, Medical Malpractice, Uncategorized

Kids and Cars Canada offers warm weather warning

by John McKiggan

The tragic deaths of two toddlers in less than two weeks has brought attention to the dangers of leaving children unattended in cars: Children, cars and hot temperatures a deadly mix

Through my volunteer efforts with KidsandCars.org I have learned how dangerous it can be to leave children unattended in cars.

There are two facts that most people simply are not aware of that contribute to the danger.

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Posted in: Kids and Cars Canada, Uncategorized

The Cost of an Offer to Settle: Visual Design Consultants Inc. v. Royal and Sun Alliance Insurance Company of Canada

by John McKiggan

Litigation can be costly and time consuming. As a result, most personal injury claims in Nova Scotia are settled before trial. Most settlement negotiations are “without prejudice”, meaning neither side is allowed to refer to the negotiations at trial. This allows either side to make concessions in the negotiations that they will not be held to at trial.

Formal offers to settle

However, there are times when you may want your negotiations to be “with prejudice”. If the claim ends up going to trial, a “with prejudice” or formal offer to settle can have a major effect on the amount of costs awarded, even if the offer is rejected.

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Posted in: Uncategorized

Hockey Canada insurance doesn’t cover concussions! Say what?

by John McKiggan

As a personal injury lawyer I have seen many examples of the dangers of brain injuries in sports. In particular I have written about the potential lasting effects that brain injuries can have on child athletes. See for example:

Sudden Impact: Liability for Sports Related Concussions

Brain Injuries: Minor Hockey Players 10x More Likely to Suffer Brain Injuries

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

Predicting recovery time from concussions: New research may help brain injury claims

by John McKiggan

As a personal injury lawyer in Nova Scotia I commonly deal with clients who have suffered head injuries and concussions.

One thing that I have noticed is the symptoms and severity of head injuries, and how long it takes the patient to recover can vary greatly.

One of the challenges brain injury lawyers face is proving what the long term consequences will be for someone who has suffered a traumatic brain injury. I discuss this in more detail in my public legal education guide: Brain Matter: The Survivor’s Guide to Brain Injury Claims.

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

End Distracted Driving in Nova Scotia

by John McKiggan

I received a very kind note today from one of the teachers at Bicentennial JHS about the presentation we gave to the students a few weeks ago.

Talking with the students at BJHS
“Thank you again for your dynamic presentation to our students two weeks ago. You handled them really well and they took in the importance of what you had to say. Your presentation had an impact on me, too. I drive every day and am consciously trying to focus more on the road and let distractions wait!”
In the last 4 months I have been able to give this presentation to more than 1600 students at 14 schools throughout HRM. My goal for next year is to give this presentation to every high school and junior high school in HRM. I’m recruiting volunteers to give this presentation to schools in other parts of Nova Scotia and I have teamed up with Trial Lawyer Associations across the country to get the message out across the rest of Canada.

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Posted in: Uncategorized