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Firing a Disabled Worker

Employers can typically fire an employee at any time as long as it accords with their employment contract and the employer provides the employee with the required notice or pay in lieu of notice. However, there are exceptions to this general rule. An employer is not legally allowed to fire an employee due to a characteristic that is protected by anti-discrimination or human rights legislation. The Human Rights Act protects every employee in Canada from being discriminated against due to a disability. Consequently, it is important to know whether you were fired because of your disability (i.e. you were no …

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Wrongful Death Fatal Injury Damages in Nova Scotia

Information that survivors should know about Fatal Injury Claims in Nova Scotia. Losing a loved one is difficult. The tragedy of an untimely death can be devastating for friends, family, and other loved ones. If that death was caused by someone else’s wrong or negligent behaviour, then family members may be able to receive financial compensation for their loss by advancing a fatal injury claim. Although no amount of money can replace a loved one, compensation can alleviate some of the financial strain associated with such a difficult loss. The Fatal Injuries Act exists to provide guidelines surrounding this compensation. …

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Nova Scotia Minor Injury Cap for 2019

Each year the Nova Scotia Government sets the Minor Injury Cap that applies to accidents that happen in that corresponding year (regardless of settlement date). The Minor Injury Cap for 2019 is a $189 increase from the 2018 cap ($8,579). It should be noted that this cap does not limit other losses that may become part of your injury claim, including wage loss or out of pocket expenses. Each year the Nova Scotia Government sets the Minor Injury Cap that applies to accidents that happen in that corresponding year (regardless of settlement date). The Minor Injury Cap for 2019 is …

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The Injury Lawyer Who Lived Through Injury: Jeff Mitchell

Nearly a decade ago, I suffered a significant knee injury during a rugby practice in Halifax. During a drill, I stepped laterally while being tackled by another player at the same time. My metal cleats held firm in the muddy ground, preventing my knee from moving properly as I fell to the ground. I remember the excruciating pain from that injury. I laid on the ground while a teammate, an emergency physician, looked me over on the field. It was clear that I had damaged my knee, but the extent was unclear. After being transported to the hospital, I received …

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What Happens When Car Accident Injuries Don’t Get Better?

Do you have an injury from a car accident that isn’t healing? Does it persistently trouble you but isn’t totally disabling? Are you trying to seek compensation for it? If you answered yes to these questions, then Smith v. Stubbert is a case that you should be aware of. Smith v. Stubbert is a Nova Scotia case that created a range of non-pecuniary damages for soft-tissue injuries that are “persistently troubling but not totally disabling”. In Smith v. Stubbert, the jury awarded the plaintiff $100,000 for pain and suffering and $625,000 for loss of future income. The Court of Appeal …

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Is a Minor Injury Cap Settlement Fair for My Claim?

To determine whether a settlement offer is fair, you first have to consider your injuries. A minor injury cap settlement is for injuries that qualify as sprains, strains or whiplash. We often have clients who come to us after suffering minor injuries; however, not all of these injuries are in fact “minor injuries.” Too often the insurance companies fall into a minor injury settlement mindset. Injuries may initially present as minor but they turn out to be more significant, either through lack of resolution over time or through earlier misdiagnosis in the early stages following the accident. Unfortunately, we receive …

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Do I Give a Statement to the At-Fault Driver’s Insurance Company?

You can expect a call from a bodily injury adjuster from the at-fault driver’s insurance company in the week or so following the car accident. The bodily injury adjuster will be assigned to the case after their insured has reported the claim or you have called the at-fault driver’s insurance company to report the claim. The role of a bodily injury adjuster is to determine your injuries and report back to their company about your claim. This process internally is called setting reserves. Reserves are the amount of the money the insurance company earmarks as the potential cost required to …

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The At-Fault Driver is Lying About the Car Accident. What Can I Do to Set the Record Straight?

If you’ve been in a car accident in Nova Scotia, it is critical that you document what happens at the accident scene. It is the only way to prevent lies from being used against you later should a dispute arise about who was at fault for the accident. Why would someone resort to lying about a car accident? Some at-fault drivers realize sometime after the crash that lying may be the way to escape paying a deductible to an increase in their car insurance premiums. Determining fault is so crucial because it is the cornerstone of a car accident injury …

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What Happens to Accident Benefits After Settling My Injury Claim?

Accident benefits are a contractual benefit owed to you by a car insurer after an accident. They are owed to you no matter whether you are at fault or not for a car accident. It is also the case that accident benefits extend past the date that you have settled a personal injury case, so long as contractual benefits are still owed. There are two main rules governing entitlement to accident benefits. The key phrase here is “accident related” because the insurance company will only pay for accident-related injuries. At NOVA Injury Law, it’s often the case that our clients …

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How Long Does It Take To Get My Settlement Cheque?

If you’re reading this, you may have already settled your injury case. If so, congratulations! Your settlement cheque may already be in the mail. If not, read as we may be the right resource to help you. The time it takes to get your settlement check depends on which insurance company you’re dealing with, whether they’ve used an independent adjuster, what time of year it is, and where you live. Trying to close your claim with an independent adjuster in December, may cause the longest wait. That said, the delay should only be around two weeks. If you’ve hired a …