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Injury Claim Settlement With The Insurance Company

There are two main routes to injury claim settlement: settlement with an adjuster without a legal claim, and settlement with a lawyer before or after filing a legal claim. A settlement means a resolution to your claim without the matter going to trial and being decided by a judge. In Nova Scotia, the vast majority of legal claims settle outside of court. This means that victims of car accidents, slip & fall accidents, or other forms of injury claims are resolved without ever stepping foot in a courtroom. A settlement brings closure to the legal claim. The victim will receive money …

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CPP Disability Benefits and Long Term Disability

After an injury, it may be possible to apply for and receive disability benefits under the Canada Pension Plan if you have made regular, ongoing contributions. To qualify, you must have a severe and prolonged disability. This means that you must have a mental or physical disability that regularly stops you from doing any type of substantially gainful work. The disability must also be long-term and indefinite in duration or is likely to result in death. This is a high bar to meet.  Long-term disability (LTD) insurers usually include an agreement in their policies or plans requiring an insured member …

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Accessing your car insurance benefits after an accident

When you’re beginning a car accident insurance claim for benefits in Nova Scotia, there are two important pieces of paperwork that must be filled out. One you will complete yourself, while the other will be done by your healthcare provider—most often a physiotherapist. These forms are: This form will be filled out by you, the claimant. It is a standardized form required by all car insurance companies. It must be completed and provided to your own insurance company. Even though you submit it to your insurer, it is likely the at-fault driver’s insurance company will also read it during the …

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What is the Car Accident Minor Injury Cap?

Nova Scotia has a Minor Injury Cap. This monetary cap limits the compensation you can receive for certain injuries which are typically less severe. This cap, however, does not limit other losses that may become part of your injury claim. Some examples include wage loss or out of pocket expenses. As you might expect, the legal definition of “minor injury” is complex. It’s typically best to speak to a lawyer regarding your injury, and the applicability of the minor injury legislative cap as each case is different. The legislation defines a Minor Injury as one that: The cap increases each year …

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Injury claims against an uninsured or unknown driver

Part of mandatory car insurance in Nova Scotia is Section D coverage, otherwise known as unidentified and uninsured motorist coverage. It is a tremendously valuable part of your car insurance because it will protect your right to pursue an injury claim in the event that you can’t identify the at-fault driver, or the at-fault driver is uninsured. In either case, your own car insurer will step into the shoes of the unidentified and uninsured driver’s would be insurer and consider your claim. If you have been injured and you are faced with the reality that you were struck by an unidentified driver – don’t worry …

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Nova Scotia Personal Injury Claim Limitation Period

Nova Scotia has legislation which limits your legal rights to recover compensation.  More specifically, there is a deadline to ‘file your action’ with the court. This limit is referred to as the limitation period. The deadline to file your claim in Nova Scotia is generally 2 years. This two-year rule applies to all car accidents which occurred on or after September 1, 2015. There are exceptions to the general rule of two years, including claims filed against the Halifax Regional Municipality and Fatal Injury claims. If you think you may have missed the deadline, you should consider filing your claim …

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Children & Car Accident Injury Claims

Conceptually, a child is treated much like an adult during the course of a personal injury claim. A personal injury claim seeks to obtain compensation for injuries sustained in an accident. In practice, however, there are some important differences that you (or your lawyer) need to keep in mind. Be sure to act quickly, as many of the issues involving a young person require particular attention from a lawyer knowledgeable about injury claims advanced on behalf of a young person. Injuries to younger children are different than those experienced by teens, and different again from adults. Younger children can have …

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Fatal Injury Claim: Timelines and Deadlines

Having lost a friend or loved one is unimaginably difficult. This loss can be magnified when the death is because of someone else’s wrongful or negligent behaviour. Fatal injury claims allow family members to recover financial compensation for their loss. As you may have read about in some of our other posts, all legal claims have some form of a limitation date. That is, you must file your claim before that limitation date has passed; otherwise, you might miss your opportunity to sue. While the standard limitation date in Nova Scotia is two years, fatal injuries have a shorter expiration …

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Brain Injury Classifications

It is important to know that there are many types of brain injuries and that there are three levels of brain injury classification. In this post, we will discuss each of the types and levels of brain injury which can vary from patient to patient and can present unique challenges. Many people have heard about concussions or may even know someone who has suffered one.  These are the most common type of TBI and are caused when a sudden impact or movement causes the brain to move back and forth rapidly. This movement can damage brain cells and nerves. Healing …

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Common Traumatic Brain Injury Disabilities

Traumatic brain injuries (TBI) can result in a variety of symptoms and disabilities. Some of these injuries will be short-term and temporary while others will remain with the person permanently. In this post, we break down the most common disabilities that TBI patients are often left to manage after their injury. This syndrome is a somewhat common disability experienced by many TBI patients. It is important to know that a person doesn’t have to lose consciousness to have post-concussion syndrome. Symptoms of post-concussion syndrome often start a few days after the injury and can last for weeks or months depending …