When it's Time to Get Help

Doctors Call for New Name for “Shaken Baby Syndrome”: Halifax Brain Injury Lawyer Explains

by John McKiggan

The American Academy of Pediatrics (AAP) wants doctors to stop using the term “shaken baby syndrome”.

Shaken Baby Syndrome is a diagnosis used to describe injury to the brain, skull and the spine of infants who have suffered severe shaking.

The AAP has recommended using the term: “Abusive Head Trauma“. This diagnostic term more accurately reflects the nature of the injuries suffered by infants. The term also more accurately conveys the nature of the injury. Shaking an infant can cause bruising, swelling and bleeding to the brain which, according to the National Institute of Health:
“…can lead to permanent, severe brain damage or death.”
The fact remains that many members of the public do not realize that it is possible to suffer a brain injury without striking your head. That is one of the brain injury “myths” that I dispel in my article “8 Myths of Traumatic Brain Injury”.

Posting About Your Car Accident on Facebook? Better Think Twice!

by John McKiggan

I came across an interesting case the other day which should worry anyone who is interested in privacy rights.

Leduc v. Roman is a case out of Ontario. The plaintiff, Leduc filed a claim for compensation for injuries he claim to have suffered in a car accident.

The defendant, Roman, made an application to court for an order to produce the contents of Leduc’s Facebook page! Leduc claimed that, because he only allowed access to his Facebook page to his Facebook “friends”, the contents of his Facebook site were private and confidential.

Brain Injury Association of Nova Scotia (Halifax Chapter) Annual Meeting

by John McKiggan

As a member of the Board of the Halifax Chapter of the Brain Injury Association of Nova Scotia, I would like to extend an invitation to brain injury survivors, their family members and caregivers to attend the BIANS (Halifax Chapter) annual meeting.

When: Wednesday, April 22 at 7:00 pm
Where: Room 1613 A and B, Veterans Memorial Building
Why: The meeting will start with a chapter-wide plenary session focusing on Head On meetings and fundraising ideas. After the plenary session attendees are welcome to stay for a Head On meeting in 1613A and a Caregivers/Family Members meeting in 1613B.

More Information

Wrongful Death Claims: Is it better to be killed in Canada or the United States?

by John McKiggan

Is it better to be killed by someone’s negligence in Canada or the United States?
I’m sure most people would answer that question: “None of the above”. But the reason I ask is to point out the significant differences in compensation claims between Canada and the United States. I was remined, yet again, of these differences when I read a post by Ron Miller on his excellent Maryland Injury Lawyer Blog.

Wrongful Deaths Claims for Elderly Victims

Mr. Miller was explaining how wrongful death claims for elderly victims are valued in the state of Maryland. Defence counsel usually claim that the victim’s claim needs to be discounted because, since they were elderly, their life expectancy was shorter than a younger person. Mr. Miller points out:
The “victim was old anyway” argument is offensive and cold…but not, relatively speaking, entirely untrue.

Nova Scotia Personal Injury Claims: Compensation for Fatal Injuries

by John McKiggan

How Do You Put a Price on the Loss of a Loved One?

I have already posted about how the courts calculate compensation for pain and suffering. But what happens if your family member died from their injuries?

There is no way to truly place a dollar value on the loss of a loved one due to a fatal injury. Law makers in Canada and the courts have struggled with the question of how to fairly compensate surviving family members for the loss of a loved one.

Nova Scotia Personal Injury Claims: How Much Is My “Pain and Suffering” Worth?

by John McKiggan

One of the challenges that I face as a Nova Scotia personal injury lawyer is explaining to people who have been seriously injured how much compensation they are entitled to receive.

Pain and Suffering

One of the heads of damages that the court will consider when awarding compensation is what lawyers refer to as “non-pecuniary damages”. Most people refer to this type of damages as “pain and suffering”.

Benefits of “Minor Injury” Cap Legislation does not Justify Discrimination

by John McKiggan

Justice Walter Goodfellow has released the second part of his decision in Hartling v. Nova Scotia (Attorney General).

“Minor Injury” Cap Isn’t Unconstitutional

As I explained in a previous post last month: “Minor Injury” Compensation Cap Constitutional, Justice Goodfellow determined that Nova Scotia’s legislation that places a cap of $2,500.00 on the compensation that innocent accident victims can receive for their pain and suffering does not violate the Canadian Charter of Rights and Freedoms.

Ban Fighting in Hockey to Prevent Brain Injuries – Deaths: Expert Panel

by John McKiggan

Concussion a Major Cause of Injury in Sport

Traumatic brain injury due to concussion is a leading cause of injury in hockey. An expert panel at the London Hockey Concussion Summit has called for the elimination of high hits and head hits and a total ban on fighting in hockey.

Fighting can Cause Long Term Injury or Death

The panel’s conclusions state:
“Fighting is one of the known causes of concussion, and may result in the related long term complications. Fighting can cause needless death”.
The summit’s chair, Dr. Paul Echlin, stressed that the various recommendations were designed to “serve as a framework for future discussion” and to promote awareness, prevention, recognition and management of concussion in hockey.

Nova Scotia Personal Injury Claims: “Minor Injury” Compensation Cap Constitutional

by John McKiggan

Nova Scotia Limits Compensation For Injured Car Accident Victims

As I have explained in previous posts, Nova Scotia has legislation that places caps on the amount of compensation that persons injured in car accidents are entitled to receive for their injuries.

“Minor Injury” Cap Constitutional