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Serving all NB, NS & PEI
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The value of your claim depends on several factors.
First, is the evidence clear regarding the issue of liability? Was it the defendant’s fault entirely, or did the plaintiff contribute to the happening of the accident through his own conduct?
Secondly, how serious are the injuries? Was the plaintiff diagnosed with a condition that can be verified from an objective medical standpoint? Objective injury cases tend to be more valuable than cases where the plaintiff has only subjective complaints. With subjective injuries, such as soft tissue injuries, medical experts may disagree significantly as to the “severity” of the condition because the level of pain and suffering may vary considering from person to person.
A third factor is the nature and extent of medical treatment for the injuries in question. For instance, has the claimant been put on a regimen of prescription medication to address pain or inflammation from the injury (and if so, does she experience unpleasant side effects as a result of the medication)? Was the pain so severe that the claimant elected to undergo epidural steroid injections on one or more occasions? Did the claimant undergo back surgery or is such surgery scheduled for the future? Is the procedure in question a mere discectomy or laminectomy (as opposed to a vertebrae fusion, for example, which involves placing hardware inside the body permanently)? Has the claimant been forced to travel to physical therapy sessions on a weekly basis for the past two years following the accident?
What is a Minor Injury Cap? In personal injury law, a “minor injury cap” typically refers to a legal limit on the amount of damages that can be awarded for injuries deemed minor. This cap is intended to limit the compensation for less severe injuries, focusing resources and legal attention on more serious cases. What…
If you’ve had the misfortune of being in a car accident or know someone who has been involved in one, you may know to what extent insurance coverages come into play when determining the compensation each party involved will receive. You may not know, however, that insurance companies tag onto automobile policies a coverage called…
You can’t speak about a personal injury law case without speaking of pecuniary and non-pecuniary losses. These two terms are in fact directly correlated with the term compensation. If you hire a personal injury lawyer for your case and your case is indeed won, the amount of money you will receive for compensation of your…
When someone is injured in a motor vehicle accident, there are certain procedures in place in order to insure their well-being. In the event of an accident, we call the compensation offered to the victim compensatory damages. In fact, this type of compensation is meant to place the victim of a motor vehicle accident in…
As a group, motorcyclists are considered vulnerable road users. Every year for the past five years there have been at least 175 motorcyclist fatalities in Canada, according to the latest Canadian Motor Vehicle Traffic Collision Statistics. Motorcyclists make up at least 8.4 percent of annual motor vehicle fatalities. More than 647,000 registered motorcycles registered in…
If your car accident was caused by another person you may receive a call from their insurance company soon after the accident, offering you money as a settlement. A settlement offer can seem generous at first, because the future costs of an injury are not always obvious. Loss of Income For example, if you can’t…
If you have lost a family member in a fatal car accident in Nova Scotia, you may be eligible to make two types of insurance claims: 1) accident benefits claim and 2)wrongful death lawsuit. Accident Benefits Claim All automoble insurance policies issued in Nova Scotia include no-fault accident benefits. These benefits are paid immediately following…
The goal of compensation is that you are supposed to be no worse off than if the injury or accident never happened. It should restore what you have lost, or offset the difficulties caused by what can’t be restored. As such, you can claim compensation for the following: Your pain and suffering Your loss of…
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