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Medical Malpractice: Proving Causation

You cannot be successful in a medical malpractice claim if you cannot establish causation. This means that the plaintiff has to show a substantial connection between their injury and the defendant’s conduct. While other areas of negligence law have remained rather stable, causation continues to evolve and confound. As cases make their way through the Canadian court system, old questions are answered while new questions are raised. Legal causation can be analyzed by reviewing blame, explanation, physical role, and involvement. It isn’t enough for the plaintiff to show that they are injured after receiving medical care. They must show that …

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Medical Malpractice: Expert Evidence

Medical malpractice claims can be tricky, complicated, and time-consuming. We aren’t all doctors, so it becomes essential to have medical experts who can provide evidence and testify on the critical issues in your case. In Canada, most physicians are members of the Canadian Medical Protective Association (CMPA). As a result, it can be challenging to find a doctor or other healthcare provider who is comfortable and willing to testify against their colleagues regarding the alleged claim of medical malpractice. For those who are specialists or subspecialists, it can be even more challenging because they are usually close and tight-knit professional …

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Injured cyclist calls should be ‘vehicles’

Cyclists are used to feeling the sun on their face and the wind in their hair. But what if you are out riding your bike on the road one day and are hit by a car? What if the driver of the car cannot be convicted under the Motor Vehicle Act for hitting you? What if the reason the driver can’t be convicted is that you are riding your bicycle and not driving your car? Hitting close to home, cyclist Kyle MacKay was struck by a vehicle at an intersection in Bayers Lake Business Park here in Halifax last November. The case …

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Can a Private Investigator Follow Me?

Yes, and insurance companies often do hire a private investigator to investigate the legitimacy of suspected claims. Many companies offer private investigator services to insurance companies. Insurance companies often want to find evidence to undermine a plaintiff’s claim. Surveillance materials gathered through private investigations undertaken by defendant insurance companies are subjected to both the rules of evidence and civil procedure. If you are a plaintiff in a civil proceeding a defendant insurance company can hire a private investigator to perform surveillance on you. They might do this to gather evidence to prove that you can return to work, or that …

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3 Reasons to Call A Lawyer After a Slip & Fall

Do you know when to call for help of a personal injury lawyer to help you with a slip & fall claim? You’ll quickly discover that slip & fall claims are complex and a lawyer dedicated to the practice of injury law is a necessity: A Lawyer knows when you should and shouldn’t give a statement to the insurance company A statement can be used against you during the course of your injury claim. It is critical that you are prepared to give a statement. Be sure to speak with a lawyer before talking to the insurance company about your …

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Contributory Negligence in a Slip and Fall Claim

In slip and fall cases, the person (or company) responsible for the property will nearly always hire an insurance adjuster to handle your claim. The insurance adjuster is paid to investigate and resolve your claim. Many injury victims are shocked to learn that the insurance adjuster is quick to blame the victim as the negligent one!  Yes, the adjuster differ blame by saying that the victim’s own negligence contributed to the accident! There is a very simple reason for this: blaming the victim often leads to abandoned claims or provides a justification to pay less for the harm caused. This kind of argument …

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Winning a Slip and Fall Injury Claim

Let’s face it, accidents happen. Injuries often occur due to an accident. When the accident was caused by someone or something outside of your control, you may have a legal claim to recover for your losses. In this post, we cover key issues regarding Liability. The first step and injury victim should be thinking about when considering an injury claim is whether or not a claim is viable. In order to advance a claim, the victim must be able to show that someone was at fault (responsible) for the injuries. That person is usually the property owner. When considering the question …

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Medical Marijuana Costs and Your Injury Claim

Past and future medical expenses in personal injury awards must be deemed ‘reasonably necessary’ to treat the injury. This means proving that there is a reasonable probability that the treatment will be necessary in the future to treat the injury. This also means establishing that past medical expenses were necessary to treat the injury. A plaintiff seeking to have the costs of their marijuana included in a settlement or award is required to demonstrate that it is a medically justified treatment. This means putting forward sufficient evidence to demonstrate that marijuana is required to treat accident-related injuries. Marijuana is being …

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Nova Scotia Public Service LTD: Final Appeal

Once the second appeal decision has been made, Manulife will provide a written decision to the claimant. If the decision reverses their prior decision to deny benefits – excellent, you will get your benefits! If not, you must then continue to the final appeal stage. The final appeal is with the Appeal Board run by the Nova Scotia Public Service Plan itself, rather than Manulife. You can consider the Appeal Board to be the last chance to obtain benefits because there is no right to sue for an unfair denial of benefits. Importantly, the appeal will only consider evidence that …

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Nova Scotia Public Service LTD: Second Appeal

Losing an appeal is never fun. In the case of the Nova Scotia Public Service Plan, your second appeal to Manulife is especially critical. Why? Because if you need to go to the Final Appeal stage to get disability benefits, you can only rely on evidence submitted in the appeals. This means that no new evidence can be brought to the Final Appeal stage if you don’t win this second appeal. Take full advantage of the second appeal opportunity in our to increase the likelihood of success at the second appeal stage, and to set yourself up for the best opportunity to …