Serious Injury Lawyers in Halifax, Nova Scotia
What is a serious injury claim?
All injuries sustained in an accident are serious to the person who has been injured. Fortunately, in many cases, these injuries will resolve quickly, within days, weeks or a few months so that the person can achieve full recovery within a finite period of time. However, some injuries don’t resolve quickly or do not resolve as quickly as they normally should. Aside from the acute phase of an injury, most injuries have a predictable healing time. For example, soft-tissue injures (that do not involve fractures or nerve damage) will typically resolve within weeks or months. If pain continues beyond 6 months for these types of injuries then the injury is often considered to be chronic. Chronic pain can resolve completely over time but in many cases does not ever resolve completely and people can experience chronic pain as a result of an injury for many years or their lifetime.
Chronic pain can result in significant limitations for purposes of work, domestic duties, social and recreational activities. The degree of limitation or interference can vary dramatically depending on the individual and their particular circumstances.
Some injuries are so serious that they are often referred to as catastrophic injuries. A catastrophic injury is a permanent disabling injury that usually prevents the person from returning to their work, earn a living wage or interferes with a substantial portion of their usual daily activities.
Examples of catastrophic injuries could include:
- Severe spinal injury, which includes paraplegia or quadriplegia.
- Loss of the ability to walk independently, which may come as a result of amputation, serious fractures, burns, or a limb being crushed.
- A loss of vision in both eyes.
- Extreme impairment due to a mental or behavioural disorder, such as Post Traumatic Stress Disorder.
- Brain injuries that impair the person’s ability to be self-sufficient.
- Physical injuries resulting in 55% whole person impairment. Symptoms may include chronic pain syndrome, chronic fatigue, and fibromyalgia.
For some injuries that have been sustained, the future may be fairly predictable early on. If the person has sustained minor injuries that appear to be improving within a reasonable timeframe they may go on to enjoy a full and complete recovery that will not interfere in any way with their normal employment or daily activities. For others, because the injury is so serious (paralysis for example), it may be predictable from an early date that this individual will indeed have lifelong interference with their employment and activities of daily living.
There is a middle group of injuries between the two extremes. These injuries will often involve chronic pain or injuries that seem to take a long time to heal or when they have healed, leave the person with limitations that interfere with some aspects of their lives. In these cases it sometimes takes many months or years even for a full diagnosis to be complete and treatment may be ongoing for years as healthcare providers attempt to help the person’s condition improve over time. These cases are often more difficult to assess from a compensation point of view as the future is not certain for that person.
Accidents that Frequently Cause Serious Injuries
- Motor vehicle accidents
- Pedestrian-motorist collisions
- Slip, trip and fall accidents
- Cyclist Accidents
- Premises Liability
Compensation and Benefits Available to Me
There are 2 main paths to compensation and benefits for your injuries.
- Insurance benefits
- Tort action against the negligent party
How do I Know if I Have a Case?
At the outset you should meet with a lawyer. At Kimball Law we have experienced lawyers who can advise you on the best way to proceed. The first step is evaluating liability. This involves determining the party responsible for your injuries. Sometimes it is not difficult to determine threshold liability, particularly in motor vehicle accident cases where accidents happen as a result of someone disobeying the rules of the road. However, in other cases it can be difficult to assess whether liability will exist. This may involve slip & fall or trip & fall accidents that occur in business premises or on public property or other situations where liability may be the responsibility of more than one party. Because it can be difficult to understand the process of determining liability, having a lawyer with experience in personal injury and insurance matters can make a significant difference when pursuing a claim. After establishing liability, you and your lawyer will need to identify the level of loss you suffered and assess the time required for your full recovery.
The best way for you to know if you have a case is by answering the following questions:
- Did I suffer an injury?
- Did someone else cause or contribute to my injuries?
- Was someone reckless or intentionally harmful?
- Am I within the time limit for filing a claim?
- Can I handle my domestic responsibilities/household chores?
- Have I lost income or the ability to earn it?
- Did I spend a lot of money on expenses?
- Am I in pain or injured after the accident?
It’s hard to know how long your injury claim will take because each case is different. Usually, the process tends to be long, as negotiations are known to take time. More time will be needed if it is necessary to work through the Court process and take your case to trial.
To learn more information about what steps you should take after an accident, determining whether you have a claim or whether can make a settlement, please visit our page on Personal Injury and Insurance claims.
How do Personal Injury Lawyers Work and Get Paid?
Many personal injury lawyers do not charge a fee unless they are successful. These are known as contingency fees. Generally, Kimball Law works on a contingency fee basis for personal injury cases. This means there are no legal fees unless your case is resolved successfully. If this happens then legal fees are limited to a fixed percentage of the settlement amount.
Regardless of the type of injury you have suffered, we have experienced lawyers who can assist you in getting the compensation that you deserve. We have access to medical professionals and other expert witnesses to help assess or diagnose your injuries, which can help your claim. If you suffered injuries in an accident at the fault of someone else, contact Kimball Law to set up a free, no-obligation consultation. Appointments can be made at any of our three locations or, if your injuries do not make this feasible, we can come to you.