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Accident & Personal Injury Law

FREE PERSONAL INJURY CONSULTATION
We are an experienced, passionate and dedicated team of accident & personal injury lawyers.

Hurt? We can help.

The BOYNECLARKE LLP Accident & Personal Injury Team of lawyers is there when you need them most. We are one of the largest Accident &  Personal Injury teams in Nova Scotia representing many clients throughout Nova Scotia, New Brunswick and PEI. Based in Halifax – Dartmouth, our lawyers provide a free consultation to assess your claim and there are no fees unless we get you compensation for your injuries.

Recovering from an injury is difficult enough – in the aftermath, dealing with the multiple issues that arise in protecting your interests is even more stressful and is often overwhelming for many people. The financial impact of a serious, disabling injury can be devastating to your family – replacing lost income, paying bills or paying for medical treatment and rehabilitation costs can at times seem impossible.

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Why do you need an Accident & Personal Injury Lawyer?

There are a number of reasons why you need an Accident & Personal Injury lawyer. First, if you have been injured the law allows you to be compensated for your injuries. Second, accident and injury claims are complicated and each case is unique. Cases can range from minor to serious injuries including fatalities. Finally, you need a lawyer that understands the short and long-term implications of your injuries. Not only do we have a thorough knowledge of accident and injury law, we have a team that will be there for you every step of the way to provide support, advice and answer your questions. You need to have experienced advice moving forward.

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How do you get started?

If you are wondering if you have a claim you should contact a member of our team to schedule a free consultation. From the beginning, we’ll provide the experience and personal attention you need. We are dedicated to ensuring that you understand the legal issues, how insurance claims are processed and the medical treatment you will need. The strong network of health care providers we’ve built has an understanding of the claim process and how medical treatment affects the resolution of your claim. To contact a member of our team email us at personalinjury@boyneclarke.ca or call us at 902-469-9500 or 1-866-339-3400.

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Understanding Your Needs

Accident and injury claims are complicated from start to finish. It is important you get timely and sound legal advice to protect your rights. It is our job to advocate on your behalf and guide you through the complicated and confusing insurance process. We make the process as simple and seamless as possible, from maximizing your claim, dealing with insurance companies and taking care of administrative roadblocks, so you can keep your focus where it is most needed, on recovery. We are on your side and you can rest assured knowing the legal issues are covered to enable you to get back to where you need to be.

Learn about the types of personal injury claims we handle.
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Areas of Focus

Car & Motor Vehicle Accidents

Determining if You Have a Claim for Compensation

Unfortunately, motor vehicle accidents occur every day resulting in serious physical and psychological injury and loss. There are many potential effects including: physical and psychological pain and suffering, medical treatment, financial impact from disability and/or lost employment and stress from dealing with the insurance companies. When you are injured in a car accident, you will have to immediately turn your mind to a wide variety of complex legal issues and make contact with insurance companies and treatment providers, all at a time when your injuries make you the least able to handle such issues on your own. The team of Accident & Personal Injury lawyers at BOYNECLAKE LLP understand what it means to pursue compensation for serious and critical injuries.

Specific Types of Accidents

Although we don’t like to think about it, there is a good chance that either you or someone you know will be involved in a motor vehicle accident at some point. We handle claims involving specific types of claims related to motor vehicle accidents including:

The Amount of Compensation You Will Receive

Some of the common types of damages typically claimed by an injured claimant are:

  • Pain, suffering and loss of enjoyment of life;
  • Past and future wage loss;
  • Future medical care costs predicted that you will incur;
  • Your out-of-pocket expenses arising out of the injury you sustained;
  • Pension and other employment-related benefits you may lose;
  • Value of replacing your inability to carry out housekeeping;
  • Pre-judgment interest on general non-pecuniary damages and past losses;
  • Aggravated damages or Punitive and Exemplary damages (in some circumstances);
  • A contribution towards your legal costs.

The type and amount of damages that you can claim for are mostly dependent on the medical evidence. The Accident & Personal Injury Team at BOYNECLARKE LLP will assist you in assembling the required medical evidence and assessing your damages claim.

Insurance Caps

In Nova Scotia there may be a cap or limit on insurance benefits for general damages for pain and suffering for what are deemed as “minor injuries”. The cap does not apply to other damages such as lost income and medical expenses.

In 2010, Nova Scotia made a number of changes to the legislation, restricting the types of injuries that the provisions applied and increasing the “capped” amount, the minor injury cap is indexed to inflation. As of 2016 the minor injury cap in Nova Scotia amounts to $8,385.

After a motor vehicle accident we will work with you to get a proper assessment of your injuries. Just because your injuries are soft tissue in nature (e.g. whiplash) does not mean that your injuries are “minor” as defined in the legislation. The definition of what is “minor” is complicated. A member of the BOYNECLARKE LLP will assess how the Nova Scotia insurance caps apply to you.

How can my own insurance help pay for my immediate lost wages & medical costs?

Section B or otherwise known as no-fault benefits are benefits provided for anyone injured in a motor vehicle accident in Nova Scotia. Entitlement is regardless of fault in an accident. Benefits include payment for reasonable medical and rehabilitation expenses incurred within 4 years of the accident (sometimes beyond).

Each file is different and depending on your situation the benefits you can claim are as follows:

  • Death benefits
  • Funeral expenses
  • Loss of income
  • Medical and rehabilitation expenses
  • Principal unpaid housekeeper

These benefits are usually provided by your own insurer after a motor vehicle accident where you sustained a serious injury. There are very specific requirements that must be met to qualify for the different types of benefits. It is important to speak with a lawyer to discuss how to best approach your Section B entitlements. We will ensure you take full advantage of the benefits you are entitled to and obtain compensation you need for your recovery.

Uninsured Drivers and Hit and Runs

 In some circumstances where the person responsible for the car collision was uninsured or the driver fled the scene “hit and run” you will have to claim from your own insurer under Section D Uninsured and Unidentified Motorist Coverage. You are covered by an automobile policy if you are the insured, the spouse or a dependant relative. Section D claims have a maximum limit of $500,000 in the Atlantic Provinces.

There are strict rules under the Unidentified Motorist Coverage claims with respect to the steps and investigations you are required to take before recovery is permitted. The best way to determine your insurance rights is to contact us to review your claim. We offer free consultations and there are no fees unless we get you compensation for your claim.

Timing and Limitations

 When you are injured in a car accident, you should not have to turn your mind to a wide variety of legal issues. However, it is important to collect evidence on your claim at the earliest opportunity because there are time frames otherwise known as limitation periods that apply to claims for compensation. A limitation period is a deadline in which you must commence a legal action by filing and having issued court documents from the appropriate court. Failure to commence an action within that time frame can result in loss of the right to claim damages.

The limitation period for claimants injured in a car accident in Nova Scotia is two years. Car accidents that result in fatal injuries have shorter limitation periods. Other provinces such as New Brunswick and Prince Edward Island have different limitation periods. Consulting with a lawyer about various limitations periods after a car accident is important.

 

Disability Insurance Claims (Long Term Disability and Canada Pension claims)

Many individuals have disability insurance coverage which is designed to give you peace of mind knowing that you will have financial support for you and your family if you become disabled and unable to work. Unfortunately, many legitimate claims for seriously ill or injured claimants are improperly denied by the insurance company. In addition, many individuals who apply for Canada Pension Plan (CPP) Disability benefits are denied. These individuals are then forced to appeal the decision in order to obtain compensation but are often unsuccessful, or simply give up when they become overwhelmed by the process.  At BOYNECLARKE LLP, we have successfully helped clients apply for disability benefits, win internal appeals, and litigate claims which continue to be denied.

Slip and Fall Injuries

Determining if You Have a Claim for Compensation

Falls are no laughing matter – they can result in severe and disabling injury including, fractures, broken bones, spinal and head injuries such as concussions or brain injury. These injuries may result in permanent disability and chronic pain. One of the most frequent causes of injuries and claims for compensation (other than motor vehicle collisions) are injuries resulting from slips or trips and falls. They can happen anywhere. Under the Occupiers’ Liability Act in Nova Scotia an occupier is responsible to ensure that people coming onto the property are reasonably safe, and are required to maintain the property in a reasonably safe condition and free from hazard.

Causes of Slip and Fall Injuries

When occupiers fail to ensure the property is in a reasonably safe condition, it can cause mishaps resulting in injury. Slip and fall hazards are frequent and varied. Hazards that may cause slip and fall injuries include but are not limited to:

  • Icy sidewalks
  • Unclear stairways
  • Poor lighting
  • Spills

If you have suffered an injury resulting from hazards that could have been reasonably prevented by a property owner, you can take legal action.

 Types of Damages You Can Claim

If you’ve been injured you may be entitled to claim for the following damages:

  • General non-pecuniary damages for your pain;
  • Suffering and loss of enjoyment of life;
  • Your past and future wage loss and diminished earning capacity;
  • Your medical care costs (past and future);
  • Damages for the value of your loss of valuable services (housekeeping and home maintenance and repair services);
  • Your out-of-pocket expenses;
  • Your legal costs.

Proving Your Claim

To succeed in a claim, you must prove that your fall was caused by someone’s negligence.  There are often simple and inexpensive steps that could have been taken to prevent your fall but the person or company responsible for the condition of the property or premises failed to take those steps.

Prompt and complete investigation is essential – it is crucial to immediately collect the evidence (such as photographs, witness names) required to prove liability in such claims, as such evidence can be removed or repaired before you are able to investigate and prove the cause. These can be difficult and involve complex legal principles and analysis, requiring a special expertise and experience on the part of your legal representative. We will work with you to obtain the compensation you deserve.

Occupiers Liability

In Nova Scotia, an occupier – the person responsible for controlling public access to the property is the person liable if someone is injured on the property. If you own a home, you are the occupier; if you rent a home you are the occupier. If you rent only part of a building – for example a duplex, or an apartment in an apartment building – you will be the occupier of the portion you rent, but you may also be the occupier of the common areas. There can be more than one occupier and you do not need to have exclusive control to be liable.

These claims can often involve Occupiers Liability Act claims against property owners (or occupiers) who create or fail to repair dangerous or hazardous conditions on their property.  Even if you are a guest visiting private premises, if you are injured you may be entitled to compensation.

Other Injury Claims We Handle
Presentations We Offer

If you are looking for a speaker for a meeting or a special event please email us at marketing@boyneclarke.ca. Click here for a list of presentations we offer.

Accident & Personal Injury Law Team

David S.R. Parker

(902) 460-3447

Robert K. Dickson, Q.C.

(902) 460-3466

J.W. Stephen Johnston

(902) 460-3405

For resources related to Accident & Personal Injury Law, including publications and useful links, please visit our resources directory.
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You have questions and we have answers.

Accident & Personal Injury Law frequently asked questions.
Do I have a claim?
Every claim is fact specific. Our Accident & Personal Injury team will be pleased to take the time to provide you with a free consultation and work with you to determine if your claim is worth pursuing.

How do your legal fees work?
Your initial consultation is free. In many cases our Accident & Personal Injury team uses contingency fee agreements as a method of payment. This means your legal fees are calculated as a percentage of the settlement we obtain on your behalf. Medical malpractice claims are charged hourly and require a retainer. Please contact your lawyer to further discuss how your fees will be determined.
What is involved in a claim?
Our team of lawyers and staff will gather all the information needed for your file. We will liaise with the doctors, the court, insurance adjusters, other lawyers and other parties involved so you can focus on getting better.
Who should I call if I have a question about my claim?
You can contact your lawyer or a member of the support team if your question is a general inquiry such as an update on your file. Should you have a question that requires legal advice, you must speak with your lawyer.
Will I have to go to court?
While most files (95% or more) will settle prior to the need for a trial, in some situations a settlement is not possible and a trial will be required to conclude the matter. If your file gets to the stage where a trial is required, then yes, you will likely have to attend court to testify, but not always. You will be involved in the decision as to whether or not your file goes to trial.
How does a lawyer settle my claim?
At the start of your claim, your lawyer will get in touch with representatives of the defendant (normally an insurance company adjuster). Once your claim can be accurately assessed, a demand or claim for damages is submitted in writing to that insurance company and negotiations occur in an attempt to settle the claim. From there, a mediation proceeding may be held where an independent mediator will attempt to obtain agreement between the parties. Our team has handled a large volume of files and is experienced in negotiating claims.

Once you have settled your claim, you sign a final release and your claim is closed and cannot be re-opened. That is why it is important to get legal advice and representation to obtain the best settlement possible. We handle cases in a timely manner and ensure your interests are protected.
How long will my claim take to settle?
Each claim is different. The length of your claim will depend on the complexity, wait time for medical appointments and diagnosis and how your recovery progresses.

We recommend waiting until you are fully healed or your doctor advises you that you will not get any better before you settle your claim. It is important to understand that once you settle your claim you cannot reopen it if your injuries worsen or flare up.

Our team is committed to resolving your claim in a timely fashion.
What does it mean if I can't settle my claim?
If a settlement cannot be reached, then the court process is initiated. A legal proceeding is commenced with the claimant filing a Statement of Claim and serving the defendant with a copy. The insurance company of the defendant will appoint a lawyer and a Defence is filed.

Rules of Civil Procedure in each Province govern the specific steps required in the litigation process. This will generally include exchange of documents and then formal Examinations for Discovery will be held.

Normally, further settlement discussions between the lawyers will be held following discovery examinations. If unsuccessful, then your claim will set down for trial, dates set, expert evidence finalized and witness attendance arranged.

Prior to any trial, it is normal for a Judicial Settlement Conference to be held, where a judge will meet with the parties, review the evidence and provide a candid opinion on the probable outcome of a trial, and will assist the parties in reaching agreement on a settlement.
How much money will I get?
This is a complex question that involves legislation, decisions from past claims and many other factors.

Your lawyer can only determine the amount your claim is worth once all the medical information is gathered and case law research is complete. Your lawyer will then discuss your potential settlement with you in detail and obtain your input and instructions.
What is Section B?
Section B “no fault” benefits are benefits provided for anyone injured in a motor vehicle accident. Entitlement is regardless of fault in an accident. These benefits are usually provided by your own insurer. However, there are certain circumstances where they are provided by the insurance company of the person that caused the accident – such as when a pedestrian or cyclist without a vehicle is involved in a collision.

Section B benefits that you may qualify for include a medical benefit component and either a loss of income component or a loss of housekeeping component.

There are very specific requirements that must be met to qualify for the different types of benefits. Also, there are now two tracks for medical benefits depending on the severity of your injuries. It is important to speak with a lawyer to discuss how to best approach your Section B entitlements.
How often should I see my doctor?
You should be visiting your doctor regularly to provide them with an update on your progress and anything new that has come up. If your condition has changed dramatically you need to advise your doctor as soon as possible in order to address a new treatment plan such as referrals to specialists. We will only get the information you provide to your doctor so it is important to be detailed and thorough. If you still notice problems from your injuries but you have not seen your doctor for an extended period of time then your doctor may conclude that you have fully recovered. Not informing your doctor of all the necessary information could affect the results of your claim.
Why do I have to use my own personal insurance?
Usually Section B is not responsible for paying any portion of medical treatment required that is recoverable under any other insurance contract. This means that you must first exhaust your own private medical insurance first before Section B insurance benefits pay. Typically, these private medical insurance policies are through such companies as Medavie Blue Cross, Sunlife, Great West Life and Desjardins for examples. Your lawyer and support staff can assist you with any questions you may have as to who pays for what medical expenses.
What are out-of-pocket expenses?
You should keep a record of all medical and rehabilitation expenses you have had to pay out of your own pocket that have not been reimbursed by a medical insurance plan. A typical example of an out-of-pocket expense would be over the counter Tylenol or Advil, slings, crutches, bandages and housekeeping services.

If you keep your receipts for these items and provide them to our office, we will add these expenses to your settlement claim.
What do I do if I'm eligible for Worker's Compensation benefits?
If you are eligible for Worker’s Compensation benefits as a result of your injuries, you must decide to either pursue a WCB claim or a personal injury claim; you can discuss this with your lawyer. If you are pursuing a personal injury claim you need to inform the WCB of your intentions. There are very strict rules, forms that must be filled out and returned to WCB and you must meet the required deadlines in order to elect to pursue a personal injury claim.

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Recent Blog Posts

Blog Post | Friday June 7, 2019

Accident & Personal Injury Law Team - request a free consultation

Posted in: Personal Injury

We are an experienced, passionate and dedicated team of accident & personal injury lawyers.

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Blog Post | Wednesday April 17, 2019

Section D Limitation Period Issues

Authored by: David S.R. Parker Posted in: Personal Injury

The decision in Barry v. Halifax (Regional Municipality), 2017 NSSC 180 (NSSC) demonstrates the pitfalls that can be faced by a claimant injured in a motor vehicle collision who fails to commence an unidentified or uninsured motorist claim against an insurer as soon as possible.

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Blog Post | Thursday March 28, 2019

Limitation Periods & LTD Claims

Authored by: David S.R. Parker Posted in: Personal Injury

A common question clients often have is in respect to their rights when denied a long term disability (LTD) claim (under private or employment-related insurance policies) is when must an action be commenced.

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Blog Post | Tuesday February 6, 2018

2018 Minor Injury Cap Announced

Posted in: Personal Injury

The Nova Scotia government has announced that the minor injury cap amount for 2018 is $8,579. 

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Blog Post | Thursday June 1, 2017

Top 10 Bicycle Safety Tips

Authored by: David S.R. Parker Posted in: Personal Injury

Riding a bicycle is a healthy, fun, and efficient way to get around and enjoy the outdoors. More and more people are choosing to cycle. If you find yourself on a bicycle, the following tips will improve your bicycle safety and reduce the chances of being involved in a collision.

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Blog Post | Monday May 30, 2016

Injured Plaintiff Wins Summary Judgment Motion

Posted in: Personal Injury

A Nova Scotia Supreme Court Decision released recently on April 18th granted summary judgment to the plaintiff in a car accident case where liability was seemingly straightforward but the defendant would not admit liability. This motion was before the Honourable Justice James L. Chipman.

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Blog Post | Wednesday May 18, 2016

Avoiding Accidents and Injuries While Cycling at Night

Authored by: David S.R. Parker Posted in: Personal Injury

Both cyclists and drivers have certain duties that are imposed upon them by law which dictate how they are expected to behave on the road. In Nova Scotia, the law requires that when riding at night on a bicycle, at minimum you must use a white front light and red rear reflector or light.

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Blog Post | Monday April 4, 2016

Distracted Driving with Deadly Consequences

Posted in: Personal Injury

A cell phone is not the only cause of distracted driving. Changing the radio or music in the car, smoking, eating, using GPS, reading a map and talking to a passenger are all causes of distraction. The results of driver distraction can be deadly. Remember that it only takes a second of distraction.

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Blog Post | Wednesday March 9, 2016

What you Need to Know After a Slip and Fall Accident

Posted in: Personal Injury

A case is only as strong as its evidence. A person injured from a slip and fall accident obtains compensation by proving that someone else was ‘at fault’ for their fall. After obtaining legal representation substantial evidence will be gathered to prove your case.

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Blog Post | Tuesday March 1, 2016

Is a “Concussion” really a “Minor Injury”?

Authored by: David S.R. Parker Posted in: Personal Injury

If you sustain a concussion in a motor vehicle collision, is the injury considered to be “minor” and capped to $7,500 for pain and suffering? Whether a concussion is a sprain, strain or whiplash-associated disorder (WAD) has not been addressed by our courts.

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Blog Post | Friday January 15, 2016

Making Legal Tracks – Winter Pedestrian Safety

Authored by: David S.R. Parker Posted in: Personal Injury

Although some of us would rather curl up somewhere warm and sleep through the cold Nova Scotia winter, the reality is that we will all find ourselves braving the elements more often than we might like. This time of year it is especially important to use caution as a pedestrian.

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Blog Post | Tuesday November 17, 2015

Accessing Financial Aid After a Collision

Posted in: Personal Injury

Injuries caused by a motor vehicle collision often take a financial toll on the individuals involved. Whether or not you are at fault for the collision, and whether or not you are employed, you may have access to some financial resources to help you in the aftermath of a collision.

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Blog Post | Thursday November 12, 2015

Winter Tires and Driving Safety

Authored by: David S.R. Parker Posted in: Personal Injury

If this winter is going to be anything like the last it is important to get your vehicle ready. The weather can change quickly and we need to prepare for the unpredictable driving conditions. When we think of safety on the road, we think of air bags, maintaining focus, and the safety ratings of our

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Blog Post | Thursday October 29, 2015

Halloween Safety

Authored by: David S.R. Parker Posted in: Personal Injury

Little is more exciting to kids than dressing up in wacky costumes and being set free in neighbourhoods to collect free candy. Halloween should be a fun time that is free of easily preventable accidents and injuries. A few simple considerations when planning costumes, decorating around your house,

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Blog Post | Wednesday October 21, 2015

10 Tips to Protect Yourself After a Motor Vehicle Collision

Authored by: David S.R. Parker Posted in: Personal Injury

The last thing any driver wants to think about is getting into a car accident. However, in 2013 there were over 122,000 collisions in Canada . These accidents can range from fender benders to serious collisions. It is important to know what steps you can take to protect yourself if you ever were to

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Blog Post | Tuesday September 22, 2015

Mitigating Your Losses – A Win-Win Decision

Authored by: Luke Godin, Articling Clerk Posted in: Personal Injury

Unfortunately, many injury victims have a tendency to delay or forgo medical treatment after an accident. Whether it is out of optimism or dislike of having to see a doctor, avoiding medical treatment can be even more harmful. First, injuries that could have been treated early on can become even

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Blog Post | Thursday September 3, 2015

Barrier for Sexual Assault Victims Removed in Nova Scotia

Posted in: Personal Injury

As of September 1, 2015, the government of Nova Scotia has removed a potential barrier to justice for victims of sexual assault. It is well known that many victims of a childhood sexual assault are unable to come forward about their abuse at the time that it occurs. In fact, one study indicates that

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Blog Post | Friday August 28, 2015

Back to School Travel Safety

Authored by: David S.R. Parker Posted in: Personal Injury

New backpacks, lunchbags and binders along with the change in Nova Scotia weather are all signs that it is time for children to go back-to-school. While it is an exciting time of year it is also important to go over some safety tips with your children for travelling to and from school. Whether they

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Blog Post | Friday July 3, 2015

Essential Post-Accident Advice – Do you know who is calling?

Posted in: Personal Injury

After a motor vehicle collision occurs, you may get calls from many different insurance company employees or adjusters. It is important to understand the differences between the adjusters as soon as your phone starts to ring. This quick guide explains the different types of adjusters and can help

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Blog Post | Friday June 5, 2015

Bicycle Safety - What Should I do if my Child is Injured?

Authored by: David S.R. Parker Posted in: Personal Injury

With the winter finally behind us and HRM bike week running from June 5th-14th, it is a good time for you and your kids to get out on your bikes. It is also a good time to talk to your children about the importance of proper helmet safety. According to the IWK’s Child Safety Link, cycling is the

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Blog Post | Friday March 20, 2015

Say Cheese! Can Lawyers Get Their Hands On Your Private Photos?

Posted in: Personal Injury

If you are like most Canadians, you are longing to escape the winter and head south in search of white sandy beaches and maybe even a tropical cocktail. However, if you are in the midst of pursuing a personal injury claim, there are things you should know before packing your bags. The lawyer for

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Blog Post | Wednesday March 4, 2015

Take Heed: Waiting To Sue May Not Be Your Friend

Posted in: Personal Injury

Did you know there are time limits on how long you have to sue someone for an unlawful act they may have committed against you? In October 2014 the Nova Scotia Government reworked many of its legal limitation laws and the changes will soon take effect. The laws have established a basic two year

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Blog Post | Monday February 2, 2015

Winter Walking: Tips on Staying Safe as a Pedestrian

Authored by: Rilla Banks Posted in: Personal Injury

If you’re a pedestrian in Nova Scotia, you know that getting through winter can be tough: sidewalks can go unplowed for days, visibility makes black ice hard to see, and the biting sea breeze doesn’t help. What’s more, as a pedestrian you should always be alert to the potential danger of getting

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Blog Post | Wednesday June 4, 2014

Important Car and Pedestrian Collision Information

Posted in: Personal Injury

Car and pedestrian collisions in HRM are happening at an alarming frequency; it seems that every other day another incident is in the news. The number of pedestrian collisions since the beginning of 2014 is overwhelming. Halifax Regional Police are now reporting all pedestrian collisions in an

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