Comments for Car Accident Injury - Insurance Claims - Halifax Lawyer

Comment on Nova Scotia’s Car Acccident Injury Compensaition System Explained by David Brannen

David Brannen — Sat, 09 Oct 2010 00:27:48 +0000

I believe no-fault automobile insurance is a good thing because it provides immediate coverage for medical expenses and lost wages, regardless of who was at fault for the accident. I think a system that combines no-fault benefits with the right to do an injury claim for full compensation is the best system for injured people.

Comment on Nova Scotia’s Car Acccident Injury Compensaition System Explained by vincent goreham

vincent goreham — Sat, 02 Oct 2010 17:25:50 +0000

do you really think that no-fault insurance is a good thing for a person who is hurt and will never recover or if it is just a way for insurance companies to put off the inevitable?

Comment on $2500 Cap Review: Submission of the IBC by plumbing in Winnipeg

plumbing in Winnipeg — Mon, 21 Jun 2010 21:24:59 +0000

Thanks, good article

Comment on Nova Scotia Injury Lawsuit: What is the Worst Case Scenario if I Lose? by John McKiggan

John McKiggan — Thu, 20 May 2010 18:21:32 +0000

Great information Dave.

Last year I posted about this same issue: Canada’s “Loser Pays” Rule Not Fair to Medical Malpractice Victims.

I think it’s a good thing that you are letting your readers know that losing their claim can be a lot worse than just not getting the compensation they deserve.

John

Comment on Nova Scotia’s Proposed $7500 Cap Legislation – Bill 52 by David Brannen

David Brannen — Fri, 14 May 2010 10:44:09 +0000

The short answer is No. You don’t necessarily have to sue to get $7,500. The amount of compensation owed to a person is assessed on a case-by-case basis. Compensation is only paid when the claimant and the insurer agree on the amount of compensation. This is often called a “settlement”; however, for good reasons the insurer and the claimant may disagree on the proper amount of compensation owed. If you can’t reach an agreement with the insurer on the amount of compensation, then you would need to file a lawsuit before the limitation period expires for your case. Once the lawsuit is filed you can continue to negotiate a settlement with the insurer, but if you can’t reach and agreement then a judge or jury would decided the amount of compensation.

Comment on Nova Scotia’s Proposed $7500 Cap Legislation – Bill 52 by Dawn Matheson

Dawn Matheson — Thu, 13 May 2010 19:24:16 +0000

Do you have to sue to receive this 7500.00?

Comment on NS Government introduces new $7,500 “Minor Injury” Cap by Laura

Laura — Wed, 05 May 2010 13:52:24 +0000

I’m glad that they changed the cap however disgusted that they left out the people injured in the time frame bewteen when the cap was place and April 2010. I was injured in ‘06 and the cap applies even though every day I am faced with pain and it limits my every day life. $2500 does not even seem remotely fair.

Comment on Hartling Plaintiff’s Apply to Supreme Court of Canada by David Brannen

David Brannen — Sun, 24 Jan 2010 16:57:04 +0000

I would like to correct that the Plaintiffs have not yet filed their Application for Leave to Appeal, but intend to do so before the 60 day deadline.

Comment on Hartling Appeal Decision on $2500 Cap: What Does It Mean For People With Ongoing Injury Claims? by David Brannen

David Brannen — Thu, 17 Dec 2009 19:13:11 +0000

Update:

The day after I wrote this article the Supreme Court of Canada announced that it was declining to her Alberta’s Cap Challenge Case. This means the Cap Challenge is over in Alberta, and is all but over in Nova Scotia. This removes the uncertainty around the validity of the $2500 Cap – the only outstanding issue is whether Nova Scotia’s NDP government will make changes to the Cap regulations that apply retroactively to existing cases.