The Wagners - A Serious Injury Law Firm blog shares Personal Injury stories and opinions relevant to Halifax, Nova Scotia residents. Let us know what you think.

Are Breaches of Privacy Compensable Under Law?

Victor Lewin
Friday, June 30, 2017

Personal injury can fall under a number of categories. Individuals who have suffered intentional or unintentional harm can develop a range of physical and emotional issues. When a person is harmed, the law permits compensation awards. As an example, if a pedestrian is hit by a vehicle while crossing at a marked crosswalk, and that person receives injuries, then damages can be sought from the operator of the motor vehicle. Someone who is victimized by sexual assault and who then suffers emotional or mental issues like depression or suicidal ideation, then he or she would also be entitled to compensation from the attacker.  ..

Birth Related Brachial Plexus Palsy

Victor Lewin
Tuesday, June 27, 2017

Birth related brachial plexus palsy refers to an injury occurring in the perinatal period to all or part of an infant’s brachial plexus (the network of nerves connecting your spine to your upper limbs). Birth related brachial plexus palsies can be defined as either Erb’s palsies or Klumpke’s palsies. Erb’s palsies are injuries occurring in the upper brachial plexus, whereas Klumpke’s palsies are injuries which occur in the lower brachial plexus. Various factors can increase an infant’s risk of suffering a brachial plexus palsy during childbirth. Improper, unskilled or negligent treatment by a medical professional can also cause an infant to suffer a brachial plexus palsy.  ..

Maximum Medical Improvement: What is it?

Victor Lewin
Monday, June 12, 2017

What is Maximum Medical Improvement?

In the context of personal injury law, Maximum Medical Improvement (“MMI”) is the point at which, in the opinion of your physician, your injuries have improved as much as they are likely to, and no further change in your condition is expected. In other words, you have reached a state where your condition cannot be improved any further, or, with respect to the healing process, you have reached a treatment plateau. When you reach the point of MMI, your condition has stabilized and any functional improvement is unlikely, even with further medical treatment or physiotherapy.

Who can determine whether an individual has reached the point of Maximum Medical Improvement?

Put simply, a physician is the only person who may determine whether you have reached the point of MMI. Oftentimes, they will also provide the date at which this point was reached. When you reach the point of Maximum Medical Improvement your physician may then begin to determine the partial or permanent impairment that will likely affect you for the rest of your life. This becomes crucial as the opinion provided by the physician will outline your permanent level of disability, and your permanent level of disability will help determine the extent of compensation which is available to you.

Independent Medical Examinations

Although your physician may determine that you have reached the point of MMI, the defendant may ask you to submit to an independent medical examination (“IME”). During this process, you will present to a qualified physician. They will read and analyze your medical records, they will conduct an in person examination, and they will determine whether you have reached the point of MMI. If a report is generated, the defendant will then provide this report to you, the plaintiff. Independent medical examinations are often requested by defendants in order to refute the allegations made by the plaintiff i.e. that there is some level of partial or permanent disability. The defendant may also dispute the extent of the disability or impairment. Generally speaking, as the level of impairment decreases, the level of compensation, which is available to the plaintiff in a court of law, will decrease as well.

What is the importance of reaching the point of Maximum Medical Improvement in the personal injury context?

A tortfeasor, or more specifically, the person who is legally responsible for causing your injuries, is required to put you back in the place you would have been in had the negligent act not occurred. MMI is critical to this legal principle. It is critical because the court will determine your functional ability just before the negligent act, in order to compare it to your functional ability after the negligent act. The point of MMI will allow the court to determine your long term functional handicap, or ability, after the negligent act. The tortfeasor is liable, or legally responsible, to compensate you for the difference in your functional ability.

If you or a loved one have been seriously injured due to someone else’s negligence, and you are unsure what you can claim for, the legal team at Wagners can help you. You can reach us at 902-425-7330 or 1-800-465-8794.

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Activity Trackers and Litigation

Victor Lewin
Wednesday, June 07, 2017

Fitness trackers have become increasingly popular. They provide a fun way to visualize your steps, sleep and general activity levels. You can even monitor your heart rate and overall health. These fun devices also allow you to link up with friends and family and participate in daily, weekly and monthly competitions.  ..