Nova Scotia Introduces New Insurance Reforms: Halifax Personal Injury Lawyer Explains
Today Graham Steele, the Minister responsible for Nova Scotia’s Insurance Act announced new legislation to improve automobile insurance coverage in Nova Scotia. The Fair Automobile Insurance (2011) Act, will be introduced in the legislature today.
I was part of the Review Committe that provided advice to the province regarding what improvements needed to be made to Nova Scotia’s Insurance system: McKiggan Appointed to Provincial Insurance Review Committee
Highlights of Changes
Chinese Toddler Dies and Creates Storm of Controversy
Last week staff at Guangzhou Military District Hospital announced that Wang Yue had died of the injuries she suffered when she was run down in a hit and run collision in China.
The collision, which was caught on video by a security camera, has raised a storm of controversy around the world because while she lay bleeding in the street almost 20 people walk or drive by the little girl and ignore her.
The video has raised questions about cultural differences between China and North America, legal issues about so-called Good Samaritan laws and moral questions about personal autonomy and our obligations to others.
Product Recalls are not Proof of Negligence: Johansson v General Motors of Canada Limited
Defective Products and Negligence
If a defective product is recalled does that prove that the product was negligently manufactured? That was one of the issues that Justice Murphy of the Nova Scotia Supreme Court had to decide in the recent case of Johansson et al v. General Motors of Canada Limited.
Driver Injured in Car Accident
Whiplash Injuries and Nova Scotia’s “Minor Injury” Compensation Cap
Since 2003 Nova Scotia has had some form of a cap on the amount of compensation innocent accident victims are entitled to receive for their non-pecunaiary damages (what most people refer to as “pain and suffering”). For more information you can read:
Nova Scotia’s Cap on Compensation for ‘Minor Injuries’ in Car Crashes (2003 – 2010)
Although the cap has been in place now for eight years there are few reported decisions where the courts have interpreted what the definitions in the legislation actually mean. As a result, there is still debate between lawyers and insurance adjusters and defence lawyers about what injuries are “capped”.
APM Law – Scholar Athlete Program
It’s the first day of the school year here in Nova Scotia and we are very excited to announce our new Scholarship program for outstanding high school student – athletes.
All of the lawyers at APM Law know the dedication, discipline and sacrifice it takes to be both a good student and a competitive athlete. We know how these traits can help lead young persons to success later in life. So we started our Scholar Athlete Program to acknowledge grade 12 student-athletes who exceed expectations in class and in athletic competition.
How Does it Work?
Hurricane Safety Tips
Media reports indicate we may experience our first hurricane of the season this weekend. It doesn’t look like hurricane Irene is going to be anywhere near as powerful as hurricane Juan. Nevertheless, hurricanes are powerful and dangerous events that can cause significant damage and injury.
Therefore I thought it would be helpful to post a couple of tips to help folks prepare.
Prepare Your Safety Kit
Injuries Increase as Temperatures Rise
According to a recent report from the Canadian Institute for Health Information an average of 45 Canadians are hospitalized every day in the summer as a result of injuries from wheel and water sports.
“Summer is a great time to be active and enjoy the outdoors, but it is also a peak period for motor vehicle injuries and trauma related to wheel and water sports,” said Greg Webster, director of Primary Health Care Information at CIHI.
CIHI has been collecting data for the last 10 years. Their investigation show that cycling injuries account for half of all sport and recreation related hospital admissions.
NFL Brain Injury Lawsuit Raises Public Awareness of Dangers of Concussion
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:
Nova Scotia Brain Injury Claims: Signs of Minor Traumatic Brain Injury
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.
