A Deal…is a Deal: Nova Scotia Judge Rules that Insurance Company Cannot Back Out of a Car Accident Injury Settlement Reached Shortly Before Person’s Death

Double DealingWhen is a deal a deal? From time to time the courts are asked to review settlements reached in the context of personal injury claims. Typically, these cases involve the injured person trying to get the deal undone, when they later realize they did not get a good settlement. I have previously reviewed a case dealing with this issue. In… Continue reading

Nova Scotia Court refuses to set aside $1,500 settlement reached 2 months after injury, without legal advice

This case is a caution to people who choose to settle a personal injury claims quickly,without consulting a lawyer. In Richmond v. Mater, Ms.Richmond suffered injured in a car accident and settled her case for $1,500 two months after the accident. She did not consult a lawyer. She soon realized that her injuries were more serious than she had thought they were. She then hired a lawyer and tried to get the court to set aside the Release so she could seek more compensation.

The trial judge declined to set-aside the Release, stating that Continue reading

10 Things You Should Know About the $2,500 Cap on Car Accident Injury Claims

If you have been injured in an automobile accident in Nova Scotia, you have no doubt heard something about a $2,500 cap that may apply to your personal injury claim. Maybe a friend told you. Maybe your heard about it on the news or in the paper. Maybe the insurance adjuster told you. Here are10 things you should know about the the $2,500 cap ("the Cap"), and how it may apply to your situation:

1. The Cap came into effect on November 1, 2003 - therefore it only applies to you if your accident occurred on or after November 1, 2003;

2. TheCap only applies to you if you have been injured in an automobile accident, this includes pedestrians hit by cars; Continue reading