Halifax Personal Injury Lawyer Blog

January 16th, 2013

CTE- The Long Term Consequences of Head Injuries in Sports

The results of a study done by the National Institute of Health (NIH) on the brain of legendary NFL linebacker Junior Seau revealed symptoms consistent with Chronic Traumatic Encephalopathy (CTE).

Seau, a 12-time Pro Bowler, committed suicide on May 2, 2012. An autopsy revealed no illegal drugs or alcohol in Seau’s body.

Seau’s family offered his brain for the study. The NIH conducted a blind study of 3 brains, one of which were Seau’s, found that Seau’s brain had signs consistent with those found in people who have been exposed to repetitive head injuries.

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January 9th, 2013

How Can You Win Your Trial But Still Lose? Cost Awards and Formal Offers to Settle.

by John McKiggan

I recently read an interesting post by my colleague Erik Magraken who writes about injury claims in British Columbia. The article Defence Medico-Legal “Vacuum” Defeats Post Trial Costs Application discussed a claim for costs by ICBC (British Columbia’s provincial auto insurance fund) against a plaintiff who had won at trial but failed to beat a pre-trial settlement offer.

Loser Pays Rule

Canada has what is commonly referred to as a “loser pays” rule. In other words, the party that loses a trial is usually ordered to pay a contribution to the winning party’s legal expenses and out of pocket costs.

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December 21st, 2012

Sudden Impact: Liability for Sports Related Concussions

by John McKiggan

I have been asked to post a copy of the article I wrote for the December 14, 2012 issue of The Lawyers Weekly magazine.

Representing Injured Athletes in Canada

Nothing went well for the Detroit Tigers in the World Series, but it could have been worse. I’m talking about game 2 when Tigers pitcher Doug Fister took a line drive to the head from Gregor Blanco.

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December 20th, 2012

Halifax Police Investigate Three Pedestrian Crosswalk Accidents in 24 hours: Do Drivers Need a Refresher of the Rules of the Road?

by John McKiggan

CTV News is reporting that Halifax Police are investigating three separate car-pedestrian collisions in Halifax in the last 24 hours.

Pedestrians Hit in Crosswalks

All three of the injured pedestrians were in crosswalks when they were hit.

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December 12th, 2012

Big Tobacco facing Class Action in Quebec

by John McKiggan

In 1993 Jeffrey Wigand was interviewed as part of an investigative report by 60 Minutes. His efforts to hold the tobacco industry accountable became the subject of a Hollywood movie starring Al Pacino and Russell Crowe.

Last week he took another major step toward bringing down big tobacco, when he testified in a Montreal class action that cigarette companies have been downplaying the potential health risks of their product.

Biggest Class Action in Canadian History?

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December 7th, 2012

Killer Caffeine?

by John McKiggan

Caffeine May Help Fight Brain Injury

A short while ago I wrote about the positive effects caffeine can have in fighting Alzheimer’s disease : Don’t Forget the Coffee!

Too Much of a Good Thing?

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December 5th, 2012

What Does Hulk Hogan Have To Do With Car Insurance?

by John McKiggan

Hulk Hogan and the Lovely Liz

My youngest son is a big fan of wrestling. So when my wife Liz and I saw superstar wrestler Hulk Hogan (Terry Bollea) at a restaurant in Florida, I just had to ask him if I could get a photograph of him with Liz and an autograph for my son.

As you can see, Mr. Bollea was very understanding and patient with my wife and I (and all the other fans who wanted to pose with him for a picture).

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November 10th, 2012

Do Helmet to Helmet Collisions Perpetuate Brain Injury Myths?

by John McKiggan

Last month Oakland Raiders wide receiver Darrius Heyward-Bey was on the receiving end of a crunching helmet to helmet hit that saw him unconscious on the field for ten whole minutes. While Heyward-Bey gave the crowd a “thumbs up” as he was stretchered off of the field, it comes as no surprise to anyone that he was later diagnosed with a concussion and neck strain.

Fortunately the young wide receiver is expected to make a full recovery.

If you have watched much football you have likely heard the echoing crunch that comes from a helmet on helmet collision. As a brain injury lawyer I can’t help but cringe every time I hear that noise.

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November 8th, 2012

Don’t Forget the Coffee!

by John McKiggan

I never cease to be amazed by the interesting information I come across when I am doing research for my clients. For example recently I was reading some scientific literature on a brain injury claim I am working on when I came across an article about the correlation between caffeine consumption and a reduced risk of Alzheimer’s disease.

Coffee Drinking Mice Form Faster Memories?

A study conducted by professor Gregory Freund of the Illinois University looked at the effects of caffeine on the brain and how it appears to block the brain-based inflammation associated with the disease. The study was conducted on mice, with one group given caffeine and the other not.

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November 6th, 2012

Pedestrian – Car Collisions in Nova Scotia: Who is at fault?

by John McKiggan

As a Nova Scotia car accident lawyer I am frequently asked to help pedestrians who have been injured by a motor vehicle.

Whose fault is it?

If the accident happened in a cross-walk and the pedestrian had the right of way, liability (fault) usually isn’t a big issue. Drives must yield the right of way to pedestrians in a cross-walk.

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