Monthly Archives: February 2016

Chronic Pain & Fibromyalgia

After a motor vehicle accident, most will heal and return to normal. In some cases, the pain can persist and have a devastating effect. Some pain during the healing process is normal, but if the pain continues long after the injury, you may have chronic pain. Beyond its obvious physical effects, chronic pain can also cause psychological injuries. The pain may be so unbearable that you cannot concentrate on or complete your normal tasks, or you may become forgetful because the pain is so distracting. Chronic pain may also cause anxiety, stress, and depression. Victims often find it difficult to [...]

Minor Injury CAP regulations in New Brunswick

Some car accident injury claims fall under a "minor injury cap". This cap limits the maximum amount ("damages") a person can receive for compensation for pain and suffering. The Injury Cap for minor vehicle collision injuries in New Brunswick is $7500 for Pain and Suffering, with cost-of-living adjustments. What is considered a Minor Injury? Any of the following that do not result in serious impairment or in permanent serious disfigurement: a contusion; an abrasion; a laceration; a sprain; a strain; and a whiplash associated disorder. Serious Impairment and Permanent Serious Disfigurement "Serious Impairment" means an impairment that causes a "substantial [...]

Long Term Disability Benefits – FAQ about suing the Insurance Company

If you were wrongfully denied Long Term Disability benefits, or they were wrongfully terminated, you may consider suing the insurance company to obtain your benefits. We are answering the most commonly asked questions regarding suing the insurance company. Who do I sue? In most Long Term Disability cases, you sue the insurance company that is refusing to pay your benefi­ts. Sometimes it may be necessary to sue your employer or a non-pro­fit board of trustees that administrates your LTD plan. In some rarer cases you may need to sue the broker who sold you the policy. What do I sue [...]

Too many drivers fail to stop for the school bus

Many drivers choose to drive through the red flashing lights of a stopped school bus. It is against the law to do so and it puts the children's lives at risk. "Every day in Anglophone East School District (Moncton, NB), approximately five red light violations are reposted by school bus drivers. In the run of a school year, this dangerous situation plays out more than 900 times and it needs to stop." -Aubrey Kirkpatrick, director of finance and administration of Anglophone East School District Drivers - Know the rules · Drivers travelling in both directions must stop for a stopped [...]

Motor vehicle accident – Legal action & settlement

Will I get a settlement offer right away? While it is possible that you will receive a settlement offer from the insurance company, we recommend you at least get a consultation with a lawyer before accepting it. Once you accept an offer it is final, and you cannot come back and get more money later if you find the compensation you accepted was not enough. If the insurance company refuses to pay the benefits you are entitled to, your remaining option is to sue the insurance company to obtain them. What is the process involved in suing the negligent person [...]

About Spinal Cord Injuries

How the nervous system works The brain controls the body's activity by using the nervous system to send and receive small electrical pulses. It sends signals through the nerves to activate muscles, and receives signals to process our sense of touch. The spinal cord is the main "pipeline" for the nervous system - nerves run through it, up the neck and into the brain. An injury to the nerves in the spinal cord can limit or eliminate the brain's ability to communicate with parts of the body. Complete vs. Incomplete An injury is considered "complete" when there is complete loss [...]

The basics of Canada’s disability insurance plan

Many residents of New Brunswick enjoy having benefits provided through their jobs. However, some Canadians may not realize that they may also be covered for any disability that may arise in their lives, including a long-term disability. Often a condition severe enough to cause long-term disability will strike out of nowhere leaving patients at a loss for how to access their benefits. The following information will answer some of the questions you may have about Canada's disability insurance plan. What is disability insurance? It is a program to provide those who have become temporarily or permanently disabled with a monthly [...]

Injured? Which Benefits are available?

If you suffer from injuries following a Motor Vehicle Accident, there may be sources of benefits available to you during the time before you receive a settlement from the insurance company. Workplace benefits The first source you may have at your disposal is workplace benefits. You will have to use these before being eligible for benefits from another source. These may include sick days, vacation days and any short-term disability plan, as well as any private medical plan that will cover the cost of medications, rehabilitation at medical clinics and other medical expenses. EI Sickness benefits You may qualify for [...]

Rollover Car Accidents

Automotive rollovers are considered to be one of the most dangerous types of collisions. When an accident causes the vehicle to turn over onto its side or roof, it is considered a rollover crash. These types of accident often cause important injuries to drivers and/or passengers, possibly even life-threatening injuries. Causes of rollovers The majority of automotive rollovers occur in a single vehicle crash. But what causes cars to roll over? Most often, some type of driving condition or an error from the driver contributes to these types of accidents. Bad driving conditions can cause a car to lose traction [...]

Anxiety after a car accident

Accidents don't only leave physical scars. Anxiety is invisible from the outside, but it can be just as damaging to the victim's life. Anxiety is a form of mental distress that can affect a person's ability to cope with life. It's normal for an accident victim to feel uneasy for a short time after an accident, but for some people these symptoms of shock, anger or nervousness last much longer and have a lasting negative impact. This can lead to Post-Traumatic Stress Disorder, also known as PTSD, which is caused by seeing, or being involved in, an event that causes [...]

Choosing a lawyer for your Personal Injury case

If you are a resident of New Brunswick, Nova Scotia or Prince Edward Island and suffer from injuries following a motor vehicle accident, you may be looking to hire a personal injury lawyer. Without legal representation, your case is compromised by dealing with insurance companies on your own. No one, other than the lawyer you hire, has the obligation to protect you legally or inform you of your rights. Insurance companies have extensive knowledge and experience, and claims adjusters have limited flexibility. The insurance company may assume that your injuries are temporary with no lasting effects and may try to [...]

Spinal Cord Injuries – Making a Claim

If a Spinal Cord Injury results from the negligence of another person, you may be entitled to compensation for the injury and the resulting disability. This is done by beginning a lawsuit against the negligent person, organization or business. In most cases, people and businesses will have insurance to cover them if they negligently hurt someone. Gathering evidence Often in Traumatic Spinal Cord Injuries the insurance company will debate who was at fault in the accident rather than debate the injury itself. This is why providing strong evidence is important if the accident was caused by somebody else. This can [...]

The price of independence following a catastrophic injury

Recently, we have been focusing on catastrophic injuries in our blog because it is impossible to overstress how much damage such injuries can do to a person's life. The physical damage alone is life-changing, but the emotional and mental impact these injuries have can be just as devastating. Spinal cord injuries are particularly tragic due to the physical damage they cause and the abrupt changes they bring to the victim's lifestyle. Last week we discussed the various professionals who help spinal cord injury patients during recovery. This week we will look at the long-term aftermath of these injuries, particularly the [...]

What forms are required to be completed to open my Section B claim?

Automobile-Proof-of-Claim Employers-Confirmation-of-Income-Benefits To-Be-Completed-by-Attending-Doctor If you are injured in a motor vehicle accident, then you have the right to get insurance benefits from your own car insurance company, or the insurance company of the other driver, no matter who is at fault for the accident. These benefits are called "Accident Benefits" and include payment for medical and rehabilitation expenses and weekly loss of income benefits. Accident benefits are meant to immediately help you, while your injury is ongoing. 3 forms are required to open a Section B claim: 1. Notice of Claim Form Fill this Form out yourself and send it [...]

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