Personal Injury Legal Advice | Halifax Nova Scotia

The Napier legal team at Boyne Clarke is pleased to offer you information and advice on personal injury matters and death claims. We have been providing personal injury legal advice to the people of the Halifax area and Nova Scotia for over 25 years. Listed below are questions we are frequently asked. Click on the ones that relate to you for answers. Or contact us directly via email or phone if you need more personal injury advice or information.

ANSWERS

Do I have a case? I have been in an accident but I'm not sure it is worth pursuing.
Matt Napier is pleased to take time to speak with you and make initial contact, free of charge, to work with you to size up whether or not you have a case worth pursuing. If someone else's negligence has meant you have been injured, or you have lost a loved one, you likely have a case.

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Do I have to sue to receive compensation?
Many cases we handle do not get to the stage where court documents have to be filed. Matt Napier has the largest team dedicated to processing personal injury cases and has 25 years' experience in this field. This experience may well mean we are able to conclude your case without the need to sue.

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If I come in and see I lawyer, will I owe anything?
No. We are pleased to initially assess your case without charge to you.

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How do your fees work?
We are pleased to handle your case where you pay a percentage of the claim we obtain on your behalf. This arrangement is referred to as a contingency fee agreement. Specifics of a contingency fee agreement are dealt with during your first visit with Matt Napier. For more information about fees, click here.

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What impact will the 'cap' legislation on damage awards have on your claim?
The impact of the 'cap' legislation depends on the factors that are used to determine any final award that may be made. We are often focussed on large claims for catastrophic injuries including those who have suffered a brain injury and/or a constellation of other injuries, but whatever your potential claim, we are pleased to speak with you and ensure you know your rights.

As you may already know, the Nova Scotia Government has imposed a cap of $2,500 on "general damage" awards in motor vehicle collision personal injury claims. The cap does have the potential to impact upon a motor vehicle collision injury claim, where the injuries come within the legislation's definition of "minor". However, the amount of the final award comes from a variety of areas, including future care costs, loss of income and loss of housekeeping capacity, which are areas outside of the general damages and therefore not affected by the cap legislation.

There are a number of "heads of damages" under which an injured party can claim compensation. As a result, it is important that you provide a full account of all your injuries and the effect that they have had on your lifestyle.

You will have received a questionnaire from us which will assist you in outlining your injuries, lost time from work, lost opportunities for work etc., inability to continue with a hobby etc. You should fill this out fully, or call us with the information , so that we have the facts we need to put together as strong a claim as possible on your behalf.

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What are the steps involved in a personal injury claim?
We would like to have you focus on getting better and leave the rest to us. We will ensure we collect all information needed to advance your case to the stage where we can negotiate on your file. If court documents are needed to be filed, then we will take appropriate steps, always looking for a negotiated route to the conclusion of your case. But, as needed and as you confirm, we'll be pleased to take your case to trial.

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How will my case be handled? Who are the people working on my case?
Matt Napier's practice has a team approach towards your case. Matt leads the team on your behalf. Several people with specific skills will be involved at various times and on different aspects of your file. In the initial letter to you, we advise you of the team member(s) who will be providing service to you on a day-to-day basis.

If you are unsure who to speak to when you call, advise the receptionist of the name and file number and she will be able to direct your call to the appropriate person. Or contact Matt Napier directly at (902) 460.3448.

For more facts about how your case will be handled, click here

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What type of information is needed for a personal injury claim?
Click here to view the answer.

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What should I do if the Defendant insurance company contacts me?
If you are considering or have retained our services, please do not speak with the Defendant insurance company or fill out any of their forms. We are pleased to give the Defendant insurance company the information they need but want this done through our office. If you advise the Defendant insurance company that you have retained Matt Napier, they will be aware that you cannot speak directly with them any further and their contact should be directed to us. We want you to focus on getting better and try to leave the rest to us. Please notify our office as soon as possible if the Defendant insurance company contacts you.

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What is S.P.F No. 1 Standard Automobile Policy (Owner's Form) for Nova Scotia?
In brief, this covers the following:
Section A - third party liability
Section B - no-fault medical, rehabilitation, death and lost wage benefits
Section C - optional collision coverage for damage to your vehicle
Section D - uninsured and unidentified automobile coverage

(Please note: You should have a copy of this policy. If not, contact your insurance agent or broker to obtain a copy for reference.)

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Who should I call if I have a question or require legal advice about my personal injury case?
If you require immediate assistance, contact the legal assistant assigned to your case. She handles general inquiries about your case and will address your call, or refer you to a member of our team. If your call relates to a complication arising from your Section B claim, the assistant may direct your call to the assigned Litigation Paralegal for your file.

Please note: neither the assistant nor the Litigation Paralegal can provide you with legal advice. For any questions that require a legal opinion, get in touch with Matt Napier directly or with any other lawyer assigned to your case. Matt Napier is pleased to hear from you directly, as need be (902.460.3448). Matt's daily activities may include attendance at hearings away from the office, but he will follow up on your inquiry as soon as possible.

If you need to speak to Matt Napier, and cannot reach him directly, please leave a message on his voice mail and your enquiry will be handled in a timely manner.

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How long does it take to settle a personal injury case?
There is no fixed time period allotted to settle a personal injury case: each case is different and the timeline of cases generally depends greatly on two factors:

(1) how your injuries progress and the rate at which you heal (we will not want to present your case until we know your long term prognosis); and (2) how long it takes to properly document the evidence for your case (including, but not limited to: medical reports or records, as well as documentation for any lost wages or out-of-pocket expenses that you may incur.) For more information, please review the FAQs or contact us directly for specific personal injury legal advice.

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What can I do to move my case along?
We would like you to focus on getting better, and you can best help your case by following up on the prescribed treatment suggested for you by the medical community. We want to document what your injuries and losses are, and the related effect on your life.

In order to help move your case along, you should: (1) complete and return the forms in your Personal Injury Folder; (2) respond to our requests for information in a timely manner; (3) see your family doctor on a regular basis, as needed; (4) follow through with your recommended medical treatment; (5) keep us posted, on a regular basis, as to your injuries, treatment, lost wages, out-of-pocket expenses, etc.

We can present the best case on your behalf if we have complete information. Some assistance may come from the investigation and opinions of the experts, but most of this critical information must come from you, so please assist as you can.

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How much money will I get?
Until all the information we require is gathered and our investigation complete, we'll likely not be able to determine how much your claim is worth. Typically, negotiations proceed on a high/low basis and some "middle" figure is eventually negotiated.

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What is Section B?
Section B provides ''no fault" benefits to victims of motor vehicle incidents under the Standard Automobile Policy. These benefits are labeled as "no fault" as they provide assistance to all injured parties, regardless of who may have caused the collision. They are intended to provide immediate financial assistance to enable you to begin treatments, medications, etc. without waiting for the case to settle and (for you to be compensated from the other party). These benefits include medical, rehabilitation, loss of income, death and funeral expenses. Please refer to the pamphlet which accompanies your initial letter from us (entitled Section B Benefits - An Explanation), for more information.

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Who handles my Section B claim?
You are responsible for handling your Section B claim. This is insurance coverage you, or the owner of the vehicle you were in at the time of collision, paid for - the insurance company should be there for you.

However, should you experience any complications with obtaining your benefits, or if you have any questions about your Section B insurance coverage, please contact the paralegal assigned to your case for assistance.

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Why do I have to fill out forms for Section B?
The Section B insurance company requires specific information to be able to help you. Please comply with the Section B insurers as appropriate, but keep us posted. Please note, we suggest that you do not sign any medical authorizations other than the ones you sign for us, as we will provide the medical documentation we obtain on your behalf to your Section B adjuster.

Any Section B medical forms that have to be filled out by your doctor should be completed, and passed along to your Section B adjuster. Without the completed forms, your benefits will not be available. If you have any questions about filling out these forms or have misplaced them, do not hesitate to contact your Section B adjuster for advice.

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What do I do if my Section B adjuster wants me to see their medical advisor?
Occasionally, your Section B adjuster will want to seek direction from their medical advisor or consultants, which they are entitled to do under the Standard Automobile Policy. If so, it is essential that you advise our office and your family physician of this, as soon as possible, so everyone is aware of the type of assessment and examiner. Please work with the Section B adjuster (and the paralegal) to circumvent any request to see the Section B medical advisor, by having reliance on the medial reports of those actually treating you.

Also, it is important that you attend these appointments to prevent termination of your Section B benefits as a result of a failure to mitigate, as previously discussed. These examinations may occur several times throughout the course of your claim. You are also encouraged to discuss the independent medical report with your family doctor, to address any concerns and/or recommendations.

Usually Section B adjusters like to get an appreciation of your functional abilities and medical status, in an effort to determine the expenditures likely to arise from your claim. Some Section B adjusters also wish to speak to all of your medical personnel, such as your family doctor, massage therapist, dentist, physiotherapist, chiropractor, etc. While attending these appointments, be honest about how you are feeling, and if a particular activity is too strenuous or causing extreme pain, please inform them.

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What if Section B cuts off my benefits?
If this occurs, or you understand that it is pending, please contact your paralegal immediately.
There are many different reasons that this may occur, so if we are notified right away, we can get specifics and investigate the problem to see if it is justified. Kindly also put the insurance agent who sold the Section B coverage on notice of difficulties and ask them to intervene with the Section B adjuster.

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What should I write about in my summary of injuries?
Please provide a detailed description of your injuries from the accident and their effect on your daily life. (For example, indicate clearly: where you feel pain or discomfort; what activities you are prevented or hampered from doing; what treatment you are undergoing or what treatment is planned; any pre-existing injuries or conditions which pre-date the accident, especially those that have been aggravated.)

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What are out-of-pocket expenses?
Money you have spent, out of your own pocket, for expenses you incurred because of the injuries or treatment. (Some examples of these expenses: clothing, eyeglasses, other items damaged in the course of the accident, memberships, fees or tuition paid for incomplete education or recreation programs, film and developing for pictures taken of damage to your vehicle or of the scene of the accident, etc.)

Please have out-of-pocket expenses reimbursed by your primary insurer (Blue Cross, Sunlife, etc.) if you have such coverage available. Expenses not covered by your primary insurer should be taken up by you with the Section B insurer and any expenses still not covered should be given to us to take up with the Defendant insurance company (the Section A insurer).

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What is involved with a statement taking?
Generally, a "statement taking" is requested by either the defendant insurance adjuster (most common) or the Section B adjuster (less common). There are three reasons why the adjuster may request a statement:

(1) as an information-gathering session for the adjuster, to complete their file information regarding the incident;
(2) for information to be used by the insurance company to estimate the potential cost they will incur because of your injuries; and
(3) to limit their liability, if liability is not straightforward.

The statement taking will be held at our offices, and we will sit in with you while the adjuster is interviewing you. Kindly do not give a statement directly to the Defendant insurance adjuster (the adjuster for the person who caused the collision) without our involvement.

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Who handles my vehicle damage claim?
You are responsible for handling your vehicle damage claim. You handle this portion of your claim directly with your insurance company, or with the Defendant insurance company - depending on the insurance coverage you purchased. We urge you to read the related portion of your policy. Damage to your vehicle is covered in Section C of your motor vehicle insurance policy, which is optional. We encourage you to check your insurance certificate - and the insurance agent that sold you your insurance policy - to verify if you have Section C coverage. (If you either lease or are financing your vehicle, chances are you were required to have this coverage.)

If you have paid for Section C coverage on your own vehicle and your vehicle is in need of repairs or is written off, your insurance company may provide you with a rental car (if this is covered in your policy under Section C.)

The Defendant insurance company may pay for a rental car for a short period of time. This decision is made at the discretion of the Defendant insurance company; it is intended to be a temporary measure, while you arrange alternate transportation.

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How often should I see my doctor?
Your family physician plays a vital role in determining the progress and establishment of your claim. You should see your doctor on a regular basis (i.e. approximately once a month if required) to update him/her on your progress and restrictions. If there is any substantial change in your condition - such as being unable to continue working, or to complete household tasks, or your treatment plan is no longer relieving your symptoms, etc. - please notify your family physician as soon as possible. Your family physician can only give us a report based on what you have told them, and upon their examination and treatment of you. If you are still having problems arising from your injuries, but you do not see your family physician for months, your doctor's conclusion may be that you have fully recovered. This medical report and information is crucial to your claim, so please keep your family physician up to date on your condition.

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Why are you referring me to a specialist?
Sometimes we refer you to a physical medicine specialist for an expert opinion and for a summary of the effect of your accident and the impact of your injuries. This doctor provides a detailed report, which may provide suggestions to further your recovery. You should review this report with your family doctor. This report also serves as detailed information, which we can provide to the Defendant's insurance company to support your claim for damages.

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Do I have to follow my treatment plan?
Your family physician must be kept aware of your progress. If the treatments you are receiving (i.e. physiotherapy, massage therapy, chiropractic care) are causing severe pain and/or not significantly improving your symptoms, please advise your doctor as soon as possible. Your treatment plan, however, is developed to expedite your recovery. If this treatment plan is not followed responsibly, then the Defendant insurance company may view this as a failure to comply with the physician's expert advice) and, consequently, reduce what they offer you for your total compensation.

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Is there a form that I can sign, to allow my treatment provider to get paid later?
The Direction to Pay form, when signed by you, allows your lawyer to pay from proceeds received, the accounts from your treatment provider(s).

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What are the directions to be followed when your treatment provider writes a report?
The directions a treatment provider should follow in preparing a report are detailed in the new Civil Procedure Rules.

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Why do I have to use my own insurance benefits (i.e., Blue Cross, etc.)?
It is legislated that Section B benefits fall under your own vehicle insurance policy, in order to provide immediate assistance and avoid delay in compensating you for medical expenses. However, should you also have private medical insurance (i.e., through your or your spouse's employment, or otherwise - Sunlife, Blue Cross, etc.), you must access this insurance coverage first, before your Section B benefits. Section B will cover certain expenses not covered by your primary insurance. If any expenses are not covered by either your primary insurance or Section B, please advise us of this, and we will take these up with the other driver's insurance company

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What is a settlement proposal or "demand letter"?
A settlement proposal, sometimes referred to as a "demand letter", is a document prepared initially by the paralegal and finalized by Matt Napier, for the Defendant insurance company. It provides a detailed analysis of your injuries and it compares your injury profile to court cases that are similar to your situation. Your settlement proposal is broken down under separate heads of damage, including the following:

General Damages: This area of damages compensates you for your pain, suffering and loss of quality of life, including the great inconvenience and disruption to your life as a result of your injuries. This is the area that might be affected by the 'Cap' legislation.

Future Damages: If it is determined that you will suffer any type of future loss as a result of your injuries, this area of damages compensates you for such loss. A future loss is a loss that has a continuous effect on your life for an indefinite period of time. (Examples of damages include future loss of wages, future earning capacity, future housekeeping capacity, future care costs, etc.)

Special Damages: This area of damages compensates you for specific losses incurred due to your accident including, but not limited to, lost wages and out-of-pocket expenses not covered by Section B.

Other further amounts include claims for legal costs, disbursements and interest.

Please remember that, in order to make a complete claim , all of these damages must be documented appropriately - including medical reports/records, invoices/receipts, documentation verifying lost wages, etc.

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What do I do if I have to reimburse my health/disability insurance company?
If you are pursuing a personal injury case and, as a result, are receiving benefits from an insurance company for health and/or disability (i.e., Blue Cross, Sunlife, group insurance through work, etc.), you may be required to reimburse that insurance company for those paid benefits once your case is closed.

Should that be the case, let us know and we will request a summary of paid benefits from your insurance company when it appears we are ready to prepare your settlement proposal. We will add this to your proposal.

Please ensure you notify us if you have health/disability insurance, together with the name of the insurance company, and any policy, group and/or ID numbers. (Please note that this does not apply to Section B benefits.)

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What do I do if I am eligible for Worker's Compensation Benefits?
If you are eligible for Worker's Compensation benefits as a result of your injuries, you must elect to either pursue a Worker's Compensation Board (WCB) claim or a personal injury claim with us.

Should you decide to pursue the personal injury claim, you must inform WCB of your intentions to do so, and you must fill out and return to WCB the related forms that they send you - and ensure that you meet the required deadlines.

Please note: should you decide to pursue a personal injury claim instead of a WCB claim, you are not eligible for Section B benefits. Therefore, if you don't have health/disability insurance, you are responsible up front for medical expenses, but you will be able to recover lost wages with interest at the conclusion of your case.

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Why do I have to fill out forms?
These forms are designed to help us assess your claim as thoroughly and expediently as possible.

If the forms are fully completed, we can prepare documentation and correspondence correctly to obtain vital evidence for your claim and prevent unnecessary delays in tracking down the required information.

Ultimately, if the forms are not completed, we will have to contact you later - which may temporarily prevent us from proceeding with your file.

If you have any questions about how to fill out the forms provided, please feel free to contact the paralegal involved in your case.

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Why do I get copies of all the correspondence you send out?
It's our way of keeping you informed of what's going on "behind the scenes" with your claim.

A lot of work is carried out on your file behind the scenes - ie. such as letters requesting medical records, reminder letters for information we need which has not been promptly supplied, etc. During this time, there is no direct contact with you because we cannot proceed further until we have all of that information.

Rather than have you wondering what is happening on your file, or have you feeling that your matter is being neglected, we send you copies of all the correspondence to keep you informed. The correspondence addressed to another party with your name at the bottom of the letter (cc. Client) does not need your response - it is for information purposes only. It can also be useful to you in advancing your matter (eg. if you see reminders being sent to your family physician for their report, you can gently remind your doctor to send the report the next time you see them.)

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Why do I keep getting invoices from your firm?
Our accounting system automatically prints billing statements once the account reaches a certain amount, and for most of our firm's clients, we like to have our accounts paid promptly. If we have made a specific agreement with you, then these disbursements do not have to be paid until your file is resolved. However, if you are able to make a payment, please do so; this will reduce the amount of interest accrued. Please also use these statements as a reminder of your disbursement totals.

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What happens to my case if Matt Napier is away from the office (i.e., summer vacation)?
If Matt Napier is away from the office, your case will be monitored and handled by the members of our team. If an urgent matter should arise, please be assured that our team members will be there to assist you. Matt is usually away from the office for one summer month, typically July.

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Why do we
have
to see, and take a photocopy, of a government-issued piece of identification of our clients?
Since 3 November 2008, under NSBS Regulation 4.5, we are required to identify and verify all clients to whom we provide legal services. We have to obtain each client's full name, address, telephone number, occupation, and business address, and telephone number, where applicable. As proof that we have properly identified each client, we are required to see an original government-issued piece of identification and take a photocopy of it to be kept on file. Examples of acceptable documents are valid driver's licence, birth certificate or passport.

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Why does a decision have to be made as to whether a plaintiff's claim is worth under or over $100,000 for the Notice of Action(writ) to be issued?
New Civil Procedure Rules were implemented on 1 January 2009, requiring a statement in the writ as to whether or not the total of all claims for damages will be more or less than $100,000. If the claim proceeds as being under $100,000 there is a simplified litigation process, which is less expensive and will achieve a quicker result for the parties. The maximum recovery permitted is $99,999 plus costs and interest, even if the court determines that the claim is in fact valued over that amount.

If the claim proceeds as being over $100,000, the litigation process is more traditional. If the court finds that the claim is in fact worth under $100,000, they can impose penalties, including making the plaintiff pay all the costs and disbursements in the action for both sides, which would then be deducted from any settlement figure.

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The Napier Legal Team, part of the Boyne Clarke law firm - www.boyneclarke.ns.ca - is located at 33 Alderney Drive, Suite #600, Dartmouth, N.S. Canada B2Y 3Z5 P.O. Box 876