Halifax Personal Injury Lawyer Blog

April 25th, 2013

Offers to Settle in Nova Scotia Personal Injury Claims

I have been a personal injury lawyer in Nova Scotia for 23 years, and throughout this time I’ve helped my clients with high-quality legal advice and the guarantees of favorable settlement agreements. Settlement negotiations have always been an important aspect within the civil procedures of my countless cases, and it’s been a general rule of the common law to at the very least attempt to get all involved parties to settle their claims and avoid the costly consequences of going to trial.

But settlement offers can also have a significant legal impact even if a case doesn’t settle before trial. That’s why this article by Matt Maurer was of interest to us because it provides a perfect illustration of the strategic use of settlement discussions and the art of the counter-offer.

If you have any questions or concerns in terms of the offer within your personal injury claim, contact us for a free consultation so we can review the details of your claim and put you in the right direction towards your most favorable settlement offer.
Formal Offer to Settle
During any litigation, there are usually informal “without prejudice” settlement discussions designed to try to resolve the civil procedure, which takes place during the litigation process.

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April 19th, 2013

Do I have a right to a jury trial in personal injury claims?

by John McKiggan

Last month the Nova Scotia Supreme Court decided to strike a jury notice and prevent a jury trial.

The case (Anderson v. Cyr) involved a motor vehicle accident in Halifax. The defendants admitted that they were at fault for the accident but they denied the injuries of the plaintiff were caused by their negligence. The defendants wanted a jury trial while the plaintiff sought a judge alone trial.

In considering the plaintiff’s motion to strike the jury notice, Justice Wright considered the complexities and technicalities involved in the case and concluded that it would be better heard by a judge sitting alone.

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April 17th, 2013

How Old is Too Old to Drive?

by John McKiggan

They say that you’re only as old as you think you are, but the older I get the more I realize my body hasn’t heard that saying.

Don’t get me wrong, I still have a while to go before I am officially considered to be a “senior citizen”, but I do understand that as we get older we begin to experience driving ability warning signs including loss of certain physical abilities like hearing and eyesight, our reaction times begin to deteriorate, and we tend to require a wide array of medications for various medical conditions which can have any number of effects on older adults’ mental capacity.

This combination of issues can be particularly concerning when older people get behind the wheel of a motor vehicle. But how do we get our loved ones and other older drivers to give up their prized driver’s license independence and hand over the keys?

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April 15th, 2013

“Who is responsible when my child is hurt at school?”

by John McKiggan

School Board not liable

A British Columbia school district recently benefitted from a favourable ruling in a case against a former student. In October 2006 the student, Tylor Jackson, was the victim of a terrible assault from another student, Makwalla Hall. The two boys were grade nine students at the time. Makwalla punched Tylor in the head, causing him to fall backwards and hit his head on a window. Tylor suffered from a traumatic brain injury and is permanently mentally and physically disadvantaged.

Should schools be responsible for schoolyard assaults?

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April 11th, 2013

Anti-inflammatory Drug Dangers: Doctors recommend recall of popular drug

by John McKiggan

Researchers have requested that the nonsteroidal anti-inflammatory drug Diclofenac be taken off shelves due to increased heart risks.

The drug, is sold under many brand names including Cataflam, Voltaren and Voltarol, and is only available by prescription in Canada and the United States.

Diclofenac is sold over-the-counter in many other countries including the U.K., Australia and Japan.

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April 8th, 2013

Halifax Concussion Scanner: Can new technology protect our kids?

by John McKiggan

Affordable Scanner Detects Brain Injury

Prominent Dalhousie University neuroscientist, Ryan D’Arcy, hopes to use his portable Halifax Consciousness Scanner to assess concussions and brain injuries at hockey rinks and hospitals.

His state-of-the-art scanner uses brain-wave patterns to detect brain damage. Addressing its applicability to hockey, D’Arcy explains that his device could be used pre-season to determine the normal brain function of the athletes. Then, following a hit, the device could quickly determine if there is any deviation.

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April 5th, 2013

Mooseheads player fights back after concussion

by John McKiggan

The Halifax Mooseheads start the second round of the playoffs tonight against the Olympiques. The Mooseheads have had an incredible season, setting numerous team and league records in the process.

Marty Frk is one of the major reasons they have done so well, scoring 84 points this season. But he knows what it is like to be down and out.

Last season Marty suffered a terrible concussion and was forced to sit out for over 3 months. The 19-year-old winger said it was the toughest time of his life.

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April 5th, 2013

Blood tests for brain injuries: Will new test protect our child athletes?

by John McKiggan

Concussions are a “trending” injury in sports nowadays. I have been trying to help raise public awareness about concussions – the causes, effects, and how we can avoid them, by writing about the issue in past blog posts.

I think it is fair to say the public is finally becoming aware of the dangers of concussions and how often they can happen. The recent Canadian study that linked half of all concussions in child athletes to hockey was an eye opener to many.

The study suggested many brain injuries are being caused by checking from behind. Something that has been against the rules for 20 years.

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April 4th, 2013

End Distracted Driving Presentation at Fairview JHS: Hands-free isn’t harm-free!

by John McKiggan

As part of my volunteer efforts with End Distracted Driving (EndDD.org) I have been speaking to students at high schools and junior high schools throughout Metro. Yesterday I had the pleasure of talking with 150 grade nine students at Fairview Junior High School. I was impressed with the interest shown by the students and the questions they asked.

EndDD.org’s Mission Statement can be found on their website:
“To preserve life and promote safety on a large scale through advocacy, education, and action. It is our hope that we can prevent families and friends from suffering the loss of a loved one because of distracted driving.”
Talking while driving a distraction

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March 1st, 2013

New Seatbelt Rules Coming for Canada: Using seatbelts is common sense.

by John McKiggan

Have you ever noticed that the middle-rear seat of most cars usually doesn’t have a shoulder seat belt strap? Ever wonder if the side seats that have shoulder straps are safer than the middle seat?

Studies have shown that passengers wearing lap belts alone are more likely to suffer separation of their lumbar vertebrae, causing paralysis.

Three point (shoulder strap) seat belts have been mandatory in all cars sold in the U.S. since September 2007.

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