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Nova Scotia Insurance Clawback Case Settled

Victor Lewin - Friday, April 10, 2015

The Nova Scotia Department of Community Services announced on April 1 that a settlement had been reached in an insurance clawback case with a woman who suffered catastrophic injuries after being struck by a car in April 1996. The woman was 15 years old at the time of the accident. The terms of the settlement were not disclosed, but the Community Services Minister said that the case had prompted a policy review.

The woman suffered severe brain injuries that left her unable to walk or talk and required her nourishment to be provided through a tube. The driver of the car that struck the teenage girl was swerving to avoid a dog in the roadway, and both the motorist and the dog's owners later settled the pedestrian accident case for approximately $1.5 million. However, the province launched a legal action against the woman in May 2014 after learning of the settlement.

The more recent settlement will allow the woman to continue to receive special care that allows her to breathe more easily. The woman's family was relieved that their prolonged legal battle was finally over, and they said that they hoped the case would help future accident victims to receive the care that they need.

Brain injuries can be life-changing events. Traumatic brain injury victims could require the assistance of a full-time caregiver, and they may find it impossible to return to work and earn a living. When this type of injury is caused by negligent actions, a personal injury lawyer may seek civil remedies. However, these injuries are often complex and unpredictable, and determining appropriate compensation may be difficult. A lawyer with experience with brain injury cases might help a victim by discussing the case with medical and financial professionals who could help determine the appropriate course of action.

Source: CBC Nova Scotia, "Joellan Huntley insurance clawback case settled with Nova Scotia," April 1, 2015

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