Negotiating Your Personal Injury Claim

The third post in our series, The Life of a Personal Injury Case, offers insight into the negotiation process to help you decide the best course of action in your case.

“How long does it take to settle?” This is a common question we hear in our personal injury cases. You may also wonder whether settling is the best way to resolve your case. This blog provides information to help you answer those questions.

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Allison Harris
Understanding Limitation Periods in Nova Scotia: What You Need to Know

The second post in our series, The Life of a Personal Injury Case, focuses on the importance of understanding limitation periods in legal cases. In Nova Scotia, most (but not all) civil claims, including personal injury cases, must be filed within two years of the incident. This blog post explains how the limitation clock may be paused in certain cases as well as important exceptions to the 2-year limitation period. It is essential to file claims within the limitation period to preserve your right to bring the claim and seek compensation.

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Ansley Simpson
Do I Have a Personal Injury Case? 

Two critical elements are required for a successful personal injury claim: liability and damages. Liability involves proving that the injury was caused by another party's negligence, while damages refer to the losses suffered due to the injury.

The post also covers the concept of shared liability, where more than one party might be responsible for an accident. It details the types of damages that can be claimed, including pain and suffering, loss of income, and medical expenses.

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Allison Harris
Understanding Subrogated Claims: Why You are Required to Repay Health Insurance Benefits from your Settlement

When you're injured in an accident, your private health plan may cover medical expenses or short/long-term disability benefits for lost wages. If you file a personal injury claim against the responsible party, your private insurer can also bring a claim to recover amounts they paid on your behalf, known as a "subrogated claim." It is crucial to understand whether your private insurer is presenting a subrogated claim in your personal injury claim. In this blog you can learn more about subrogated claims, what they are and how they work.

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Ansley Simpson
Liability For Left Hand Turn Cases: Am I At Fault?

In collisions involving a left-hand turn and an oncoming vehicle, the left-turning driver is often assumed to be at fault. However, liability can be shared depending on the circumstances.

Liability may be split if the oncoming driver is also negligent in his/her actions such as speeding, accelerating to beat a light, or failing to pay attention. This blog post reviews the law in Nova Scotia surrounding left-hand turns and explores the circumstances when liability may not rest 100% with the left-turning vehicle.

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Allison Harris
Is My Ligament Tear A Minor Injury?? New Guidance from the Nova Scotia Court of Appeal In Personal Injury Cases

The recent ruling by the Nova Scotia Court of Appeal (NSCA) in Cameron v Pratt sheds light on the classification of injuries under the minor injury legislation and related regulations. The case involved a personal injury claim following a motor vehicle accident, where the plaintiff suffered various injuries, including knee ligament tears. The ruling clarified that unless they result in serious impairment, ligament tears could be classified as minor injuries under the legislation, leading to implications for compensation. This decision offers crucial guidance for lawyers and their clients navigating similar cases involving minor injury legislation.

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Allison Harris
Vehicle Damaged in an Accident? Understanding the Role of Collision Coverage

When your vehicle suffers damage in an accident, who pays to have it repaired? The answer depends on what coverage you have and who is at fault. What if the driver who hit you is uninsured or has left the scene of the accident? By ensuring that you have Collision coverage in your auto insurance policy, you can rest assured knowing that your property is safeguarded against hit-and-run accidents.

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Ansley Simpson
Fly Ball! Who Pays for the Property Damage?

Errant baseballs, soccer balls and footballs can come at people and vehicles if they are near a field in use. Foul balls can strike cars, smashing windows and leaving dents. People can be struck by balls that go out of bounds in all sports. Balls into the siding of houses can leave dents, requiring parts of it to be replaced. What to do if you find yourself in those situations? 

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Bob Carter, K.C.Comment
Privacy Breaches: My Personal Information has been Accessed, Shared, or Stolen. Do I have a Claim?

The provincial government recently announced a significant privacy breach impacting up to 100,000 Nova Scotians including those employed by IWK, the NS Health Authority and other public service employees. What happens if your private information or personal data is stolen? This blog discusses the various situations where a claim for breach of privacy may arise.

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Ansley Simpson