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.


Victor Lewin
Friday, July 21, 2017

School’s out for summer and road trip season is upon us. Did you know that more fatalities occur on Canadian roads during the summer months than at any other time of the year? Alcohol, fatigue, and increased traffic all play a role in these often avoidable tragedies. No matter where you’re off to this year, we at Wagners want you to be safe. So take a couple of minutes to review the following hints and tips we’ve put together to help keep you that way:

Before You Go

Before you head out on the open road, have your vehicle checked to make sure everything is working as it should be. Check brakes, fluid levels and tire pressure. Make sure all of your lights and signals are in good working order. And be prepared for emergency – stock your vehicle with an emergency supply kit. Prepackaged kits are widely available online and in your local automotive and hardware stores, check them out. It’s better to be safe than sorry.

While On the Road

Buckle up. Every time. Wearing a seatbelt is the single most effective thing you can do to keep both you and your passengers safe.

If you are travelling with children, everyone under the age of 13 should be seated in the backseat. If your children are young enough to require a carseat or booster seat, ensure that you have them secured in the appropriate seat, with appropriate restraints. If you aren’t sure, check with Transport Canada for more information:

Make sure not to leave children or animals unattended in a hot car. When it’s hot outside, the temperature inside a parked car, even if it’s in a shaded area, can rapidly reach levels that lead to heatstroke or even death.

Avoid distracted or impaired driving. Don’t text and drive, don’t drink and drive.

Drive defensively, be patient and share the road. Summer driving brings out all sorts of roadway users from pedestrians, cyclists and motorcyclists to recreational vehicles and trailers. You may have to slow down and take your time. Relax. You’ll get to where you’re going eventually.

Most Importantly

Pack sunscreen and have some fun!


Section D Coverage - Available Under Your Motor Vehicle Insurance Policy

Victor Lewin
Tuesday, July 18, 2017

So… you were in an accident. And if that weren’t bad enough, the person who hit you has no insurance. Now what?

Many people assume that if you are injured by an uninsured driver that you are out of luck and unable to make a claim for your injuries. That’s just not the case.

In Nova Scotia, through your own personal insurance policy, you are entitled to make a claim when injured as a result of an uninsured or unidentified driver. This is often referred to as a “Section D claim. This particular section of your policy will respond to your claim if you are injured in a hit and run accident or if the other driver was not carrying valid insurance at the time of your accident.

When making a Section D claim, your own insurance company steps into the shoes of the uninsured or unidentified driver and responds as if they were the third party insurer. The process is the same as any other claim and could result in negotiations with an adjuster or lawyer, discovery examinations and potentially trial.

The difference with a Section D claim is that, once the matter is settled, your insurance company then has the right to proceed against the at fault individual personally (i.e. the uninsured driver). You are required to cooperate with your insurance company to assist in their recovery and may be required to attend Court proceedings.

If you have been injured by an uninsured or unidentified driver it is important to report the accident to the police as well as your own insurance company as soon as possible. One of our motor vehicle accident lawyers would be happy to speak with you if you have any questions.


Hospital Negligence

Victor Lewin
Tuesday, July 11, 2017

There are many instances each day in which patients are provided with care by hospital staff that meets and even exceeds the standards expected of them. Unfortunately, there are also instances in which patients do not receive adequate care by hospital staff. This can occur because of simple human error or deeper systemic inadequacies. Though some patients who receive inadequate care will recover nonetheless; tragically, others will be catastrophically or fatally injured. If the inadequate care provided by hospital staff is such that it does not meet accepted professional standards, an injured patient or his or her family may have cause to pursue a claim for compensation.  ..