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.

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.


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.  ..

April Showers Bring May Flowers...

Victor Lewin
Sunday, May 07, 2017

…and changing driving conditions! Spring is finally here which means it’s time to take off your winter tires, roll down the windows, and hit the roads in search of some warm weather enjoyment. As the weather improves people begin to head outdoors. This means increased motorcycle and bicycle traffic on the road, and more children playing outside. We all want to keep our roads safe, so here are some helpful hints and tips to help you do that:  ..


Victor Lewin
Saturday, May 06, 2017

The Supreme Court of Nova Scotia has had the opportunity to apply the new “CAP” legislation in Nova Scotia. In Nova Scotia, legislation provides that if you are injured in a motor vehicle accident on or after April 28, 2010 and you suffer injuries deemed to be minor, pain and suffering is limited to $7,500.00 (adjusted annually for inflation). A minor injury is one that is classified as a sprain, strain or whiplash injury that does not result in a serious impairment and does not cause a substantial inability to perform the essential tasks of one’s work, education or activities of daily living.  ..

Don Henderson takes legal action against Dennis Wideman and the Calgary Flames

Victor Lewin
Friday, May 05, 2017

On January 27th, 2016, the Calgary Flames played the Nashville Predators in the last game before the all star break. During the game, Dennis Wideman was hit by the Predators’ Mikka Salomaki. Shortly after being hit, as Wideman returned to the bench, he cross-checked Don Henderson, an NHL linesman, from behind. Henderson was knocked against the boards and to the ice. Unfortunately, over a year later, Henderson has not returned to working as an NHL linesman[1]. ..

Do I Really Need a Personal Injury Lawyer?

Victor Lewin
Wednesday, May 03, 2017

A question we frequently hear. And even when the potential client doesn’t come right out and ask it, their demeanor and the questions asked suggest this question is in the back of their mind.  ..