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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 …

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Product Liability: Medical Product Injury

Nova Scotians rightly expect that the services provided to them by provincial healthcare providers will be safe and free from unknown risks. We rely on our doctors, nurses, and other care providers to give us the finest quality of care. After all, they’re the experts. Unfortunately, sometimes medical or pharmaceutical products, devices, or drugs do not work as well as they should. When this happens, the consequences can be devastating. Faulty healthcare products have the potential to harm a lot of people and may even cause death in extreme cases. Often, the effects are long-lasting and are difficult to fix. …

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Product Liability: Need to Know Information

Any lawyer will tell you that one of the oldest rules of negligence law is that the manufacturer of a product has a responsibility to ensure that it will be safe for people who will ultimately use or consume the product. Any failure to do so is a blatant breach of the standard of care a manufacturer owes to the general public. If a faulty product, service, or device injured you or someone you love, you may be entitled to compensation for the losses you sustained. A consumer good that you purchased at a local store may have caused your …

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Birth Injury: Common questions

Birth injuries are preventable, devastating injuries that stem from medical malpractice or negligence. They can occur prior to, during, or following your child’s delivery. When they do occur, birth injuries are a family’s worst nightmare. A well-known form of birth injury is cerebral palsy, but there are several different types. Birth injuries can occur in a number of ways. However, some situations where medical negligence may have contributed to a birth injury include, but are not limited to: These acts (or, in some cases, failure to act) may cause a devastating birth injury for your child. Generally speaking, birth injuries …

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Birth Injury: Why you need a lawyer

Birth injuries are one of the most devastating types of loss a family can suffer. All parents hope to bring home a healthy bundle of joy. Parents spend months (or even years) planning for their new addition. However, medical malpractice or negligence that results in a birth injury before, during, or after delivery can propel new parents into uncharted, frightening territory. Children may ultimately succumb to their injuries, or they may become permanently disabled and require long-term care. Understandably, these injuries place heartbreaking physical, emotional, and financial burdens on the families they affect. The symptoms of birth injuries can be …

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Medical Malpractice: Limitation Periods

As we have discussed in previous blogs, there are timelines and deadlines to pursuing a legal claim. If you file a medical malpractice claim after the limitation date, you could lose your claim because you filed the lawsuit too late. It is important to know exactly what limitation date applies to your file. In Nova Scotia, every claim has to comply with the Limitation of Actions Act but there can be different time periods depending on your claim. The basic limitation period in Nova Scotia is 2 years unless there are other factors that expedite, delay, or stop the clock …