Spinal Cord Injury Lawyers in Halifax Winning Compensation For Victims

Trusted Law Firm for Spinal Cord Injury Claims

Every injury is serious, but few are as devastating as spinal cord injuries. The spinal cord is responsible for sending messages back and forth between the brain and the rest of the body. If the spinal cord is injured, the damage could partially or completely disrupt this communication, which can lead to tragic consequences.

Sadly, thousands of people suffer spinal cord injuries in Canada every year. If you have suffered a spinal cord injury that was caused by someone else’s negligence, you may be entitled to compensation. Let the spinal cord injury lawyers at McKiggan Hebert Lawyers fight for the compensation you deserve.

How Do Spinal Cord Injuries Occur?

Spinal cord injuries can alter a person’s daily routine, independence, and ability to perform basic tasks. These injuries frequently lead to challenges with mobility, sensations, and overall bodily functions. The gravity of such trauma can vary greatly, and so do the methods required for rehabilitation or ongoing treatment. Halifax residents who experience spinal cord injuries may face disruptions to employment, relationships, and recreational activities, which underscores the importance of understanding how these injuries arise and the extent of their impact.

The spinal cord is a fragile structure that is made out of soft tissue surrounded, and protected, by bony vertebrae. A spinal cord injury can occur when a blow to the spine is powerful enough to crush, shatter, compress, or fracture the column of vertebrae protecting the spinal cord. These injuries commonly occur in as a result of:

Car accidents;
Truck accidents;
Pedestrian accidents;
Bicycle accidents;
Motorcycle accidents;
Slip and falls;
Contact sports;
Acts of violence; and
Medical malpractice

If your spinal cord injury was caused by someone else’s negligence, it’s important to discuss your rights with the personal injury lawyers at McKiggan Hebert Lawyers as soon as possible.

How Spinal Cord Injuries Affect Mobility and Daily Life

Individuals with spinal cord injuries face symptoms ranging from reduced strength and coordination to complete paralysis of one or more limbs. Depending on injury severity and location, tasks like dressing, bathing, or sitting upright can become major challenges or impossible. Assistance from caregivers or devices, such as wheelchairs and prosthetics, is often essential.

Some may lose their ability to work, while others contend with chronic pain or muscle spasms affecting concentration and comfort. Emotional challenges may also arise as individuals adjust to changes in their independence and social life.

Partial vs. Complete Spinal Cord Injuries

A partial spinal cord injury means the spinal cord is not fully severed. Individuals may retain some sensations or movements below the injury site, though these can be inconsistent or weaker. In contrast, a complete spinal cord injury results in total function loss below the trauma site, often leading to permanent paralysis, affecting the lower limbs or both arms and legs. Understanding the difference between partial and complete injuries is crucial for planning rehabilitation strategies and selecting suitable assistive technologies.

What Are the Different Types of Spinal Cord Injuries?

There are two main types of spinal cord injuries: complete and incomplete. A complete injury occurs when the spinal cord is completely severed or compressed. This injury will completely cut off communication between the brain and the body parts located below the point of injury. This means if you suffer a complete spinal cord injury, you will lose movement and sensation in any areas located below the injury.

An incomplete spinal cord injury occurs when the spinal cord is only partially compressed or compromised. The communication between the brain and the rest of the body is not completely cut off since the spinal cord is only partially injured. Therefore, if you suffer an incomplete spinal cord injury, you may retain some degree of movement and sensation in the body parts located below the point of injury.

Spinal cord injuries are also classified based on where they are located on the spinal cord. The four different regions of the spinal cord are the cervical, thoracic, lumbar, and sacral spine. Every injury is unique, but in general, the higher up the injury occurs on the spinal cord, the more severe the consequences.

What Are the Long-Term Consequences Of Spinal Cord Injuries?

A spinal cord injury can lead to a partial or complete loss of sensation and motor function. Spinal cord injury victims may suffer from:

Tetraplegia: the partial or complete loss of sensation and movement in all four limbs and the torso
Paraplegia: the partial or complete loss of sensation and movement in the legs and lower body.
Triplegia: the partial or complete loss of sensation and movement in one arm and both legs.

Tetraplegia, paraplegia, and triplegia can affect a victim’s ability to live independently, work, and engage in their favorite activities, but these aren’t the only long-term consequences of a spinal cord injury. Many victims experience a number of different complications as a result of living with a spinal cord injury, including:

Circulatory issues;
Loss of bladder and bowel control;
Muscle spasms;
Pain;
Depression;
Breathing difficulties; and
Blood clots.

There’s no doubt that a spinal cord injury can drastically reduce the quality of your life. If you have suffered from this type of injury, you need to fight for every dollar of compensation you deserve. Don’t do it alone—let the team at McKiggan Hebert Lawyers stand by your side and work tirelessly to reach the best possible outcome in your case.

Nerve Damage and Chronic Pain

A severe impact to the spinal cord or surrounding nerves may lead to chronic, debilitating pain. Neuropathic pain is frequently described as burning or shooting sensations, which can persist even when the individual is resting. Damaged nerves may also misfire signals to the brain, causing hypersensitivity or severe muscle spasms. These complications can become as limiting as the paralysis itself, hampering sleep and mental well-being. Overcoming such pain often requires a combination of medications, physical therapy, and innovative treatments like nerve blocks or spinal cord stimulators.

Loss of Motor Function and Sensory Impairments

Diminished motor function can manifest as reduced strength or coordination in limbs, while sensory impairments may include diminished touch, temperature, or pressure sensations. When a particular region of the spinal cord sustains injury, specific nerve pathways controlling those functions may be disrupted. This can result in partial or complete loss of movement in targeted muscle groups, leading to imbalance, difficulty standing, or problems gripping objects. Sensory deficits may also create safety concerns, as the individual may fail to notice heat or pressure that could cause additional harm.

Secondary Complications (Infections, Respiratory Issues, Muscle Atrophy)

Long-term spinal cord injuries can lead to other medical issues. Individuals with higher-level injuries often have trouble with breathing and may require ventilator support. Infections, particularly urinary tract infections, and bedsores, can emerge if hygiene or mobility is compromised. Over time, muscle atrophy may occur because the inactive muscles gradually weaken. Prevention of these complications usually involves vigilant care, routine medical check-ups, and tailored exercise programs designed to preserve muscle tone and flexibility.

Legal Framework for Spinal Cord Injury Claims

When a spinal cord injury occurs, one of the primary concerns is determining whether another party’s negligence or wrongdoing contributed to the harm. In Halifax and across Nova Scotia, various laws influence how claims are filed and how fault is assigned. Understanding these statutes can help injured individuals protect their rights and secure the compensation necessary for medical costs and ongoing care.

General Negligence

Nova Scotia’s system of personal injury law is based on the English common law of negligence. Under this system, the injured plaintiff must establish that someone else was legally responsible because they failed to take reasonable care to avoid injury to the plaintiff. This is a fault based system and relies on the concepts of reasonableness and foreseeability. The fault must also have caused the injuries using a “but for” test – but for the fault of the other person, the injuries would not have happened. The onus is on the injured plaintiff to prove someone else was at fault and to prove what their losses are.

This negligence fault-based system created by judges over hundreds of years has been supplemented by legislation introduced by the provincial government from time to time.

Duty of Care Under the Occupiers’ Liability Act (R.S., c. 27, s. 3)

One statute is the Occupiers’ Liability Act, which requires property owners to take reasonable steps to ensure visitor safety by addressing hazards such as wet floors and uneven staircases. If a slip-and-fall in Halifax results in a spinal cord injury, the injured party may claim against the owner for not maintaining safe premises. Proving the owner’s negligence directly caused the injury can support an award for damages.

No-Fault Auto Insurance Benefits Under the Insurance Act (R.S., c. 231, s. 3)

Another statutory change in Nova Scotia was the creation of limited no-fault benefits under the Insurance Act. These have become known as Section B or No-Fault Accident Benefits. Section B benefits are available immediately from auto insurers. There is no need to prove the insured person was at fault. Section B helps people injured in automobile accidents, including cars, motorcycles, and trucks. These benefits cover certain medical expenses and rehabilitation costs, regardless of fault. While they provide immediate financial relief, they do not cover all losses and are subject to limits such as $50,000 for medical benefits and $250 per week for income replacement benefits. These are not even close to the long-term losses involved in a spinal cord injury. If you receive Section B benefits, you are still entitled to claim for fault-based compensation.

Time Limits for Filing a Lawsuit Under the Limitations of Actions Act (R.S., c. 258, s. 2)

In Nova Scotia, individuals typically have two years from the date of the accident leading to a spinal cord injury to start personal injury legal proceedings. The Limitations of Actions Act sets out this deadline and has provisions for specific situations, like minors and, in limited circumstances, injuries not immediately discovered. In addition to limitation periods, insurance contracts have even early notice periods, and legislation affecting municipalities requires lawsuits to be started within one year and also have earlier notice periods. If your injury happened outside of Nova Scotia, different limitation periods may apply because the Statute of Limitations differs in each province. Missing a limitation period or a notice deadline can leave you without a claim for compensation. Timely action also helps preserve evidence and obtain witness statements that may become unreliable over time. It’s important to seek legal advice from a spinal cord injury lawyer right away to ensure that your rights are protected.

Proving Liability in a Spinal Cord Injury Case

Determining legal accountability for spinal cord injuries is a key challenge in claims. Proving negligence requires significant evidence and a clear link between the defendant’s actions and the injury’s cause. In Halifax and Nova Scotia, personal injury laws hold negligent parties accountable for catastrophic injuries.

Establishing Negligence in Spinal Cord Injury Accidents

Proving negligence means showing the defendant had a duty of care, violated it, and caused the injury. A speeding, intoxicated, or reckless driver might breach this duty. Property owners neglecting hazards or employers ignoring safety standards also fall under this. If their breach led to the injury, they can be held liable for damages. Legal professionals gather photos, videos, medical records, and witness statements to build a strong case.

Role of Expert Witnesses and Medical Reports

Expert witnesses, such as accident reconstruction specialists and medical professionals, clarify incident details, damage extent, and ongoing care costs. A neurosurgeon may explain how a forceful impact caused a vertebra fracture, while a life-care planner outlines necessary long-term support. These insights are crucial for insurers, judges, and juries in assigning liability and damages.

Navigating Insurance Disputes in Significant Injury Cases

Spinal cord injury claims often demand significant compensation, leading insurers to scrutinize every detail. Insurers might question rehabilitation needs, challenge paralysis severity, or claim partial fault on the injured party’s part. Addressing these disputes requires careful record-keeping, credible medical testimony, and strong legal advocacy. If insurers refuse to acknowledge damages, litigation may be necessary. A well-supported claim with expert opinions counters undervaluation attempts.

Challenges in Spinal Cord Injury Claims

Spinal cord injury claims often involve complex medical questions, high costs, and resistance from insurance carriers unwilling to concede large settlements. Claimants must be prepared to meet and overcome various challenges to achieve a fair result. Careful documentation and support from qualified professionals can make the process less daunting.

Dealing with Insurance Company Tactics That Minimize Payouts

Insurance adjusters are trained to protect their company’s financial interests, which can lead to offers that fail to account for the lifelong costs of living with a spinal cord injury. Some insurers challenge the necessity of certain medical interventions, therapies, or adaptive devices, labeling them as excessive. Others focus on alleged pre-existing conditions that might reduce the claim’s value. Legal counsel can provide counter-evidence, including medical expert reports that justify the claimed expenses. A proactive approach and detailed records, such as daily logs of symptoms and care routines, can make it harder for insurers to undermine the significance of the injury.

The Importance of Long-Term Settlement Calculations

Future medical expenses, lost earnings, and necessary home adaptations may become increasingly substantial over a lifetime. Although it can be tempting to accept a quick payout, prematurely settling without accurately projecting future costs could lead to financial strain. Victims benefit from working with life-care planners, actuaries, and medical specialists who can provide precise estimates of future expenses. Factoring in inflation, new treatments, and potential complications ensures that any final settlement truly reflects the long-term needs of someone living with a spinal cord injury.

How Contributory Negligence Laws May Impact Your Claim

Nova Scotia recognizes contributory negligence, which can reduce an award of damages when the injured party’s own actions contribute to the accident. If a driver was texting at the time of a collision or if a slip-and-fall victim disregarded visible caution signs, the court may assign them a percentage of the fault. Damages are then reduced proportionately. Insurers frequently invoke contributory negligence to diminish payouts. Countering these arguments involves demonstrating that the other party’s conduct was the principal cause of the injury, and that any fault assigned to the injured person is minimal.

For individuals pursuing compensation in Halifax, confronting these challenges requires a blend of legal knowledge, robust evidence, and dedicated advocacy. Thorough preparation—including expert testimonies, accurate valuations of future expenses, and persuasive arguments about liability—can counteract common tactics aimed at minimizing settlements. The stakes are especially high in spinal cord injury cases, where compensation can determine the level of medical care and comfort a person can access for the rest of their life.

Compensation Available for Spinal Cord Injury Victims

Spinal cord injuries often demand substantial financial resources. Cost of care not covered by MSI or other provincial public health care plans can escalate quickly, encompassing ambulance fees, rehabilitation services, assistive devices, attendant care, and transportation. In Nova Scotia, personal injury claims enable individuals to seek compensation that can alleviate these immense costs. Securing adequate damages may help ensure the injured party receives the best possible care, preventing financial stress from overshadowing recovery.

Medical Expenses, Surgeries, and Rehabilitation Costs

Individuals with severe spinal cord injuries may require multiple surgeries to stabilize the spine or address complications. These procedures can run into tens or hundreds of thousands of dollars, depending on complexity. Luckily, these costs are covered by MSI in Nova Scotia and similar plans in other provinces of Canada. Rehabilitation is typically a long-term commitment involving physiotherapy, occupational therapy, and possibly psychological support. Even with universal healthcare in Canada, these and other numerous out-of-pocket costs can arise, including specialized therapies not fully covered by provincial health plans. Compensation can offset these expenses so that injured individuals can focus on recovery rather than financial constraints.

Home Modifications and Mobility Aids (Wheelchairs, Lifts, Prosthetics)

Adapting a living space is often essential for persons coping with paralysis or reduced mobility. Ramps, wider doorways, stair lifts, or fully accessible bathrooms may be necessary. In addition, specialized mobility aids like custom wheelchairs and prosthetic devices can significantly improve independence and quality of life. These adjustments, however, come at a considerable price. A personal injury settlement or court award can include funds intended for such modifications, ensuring that a home is safe and accommodating of unique needs.

Lost Wages and Future Earning Potential

Many spinal cord injury victims are forced to stop working for an extended period—or permanently—while they recover and adapt. Time spent in hospitals or rehabilitation centres disrupts careers and often depletes savings. In more severe cases, an individual may never return to their prior occupation and face reduced or eliminated future earning capacity. Compensation can address both lost wages and the loss of future economic potential, reflecting the reality that a new career path or long-term disability may drastically alter an individual’s lifetime earnings.

Loss of Housekeeping and Other Valuable Services

Victims of spinal cord injuries may be unable to perform basic housekeeping and other maintenance around the home, forcing them to hire professional help. Professional housekeepers are not cheap, and the money spent on hiring these professionals can put a significant financial burden on the injury victim. Depending on the severity of the injury, victims may need short-term or long-term assistance.

Pain, Suffering, and Emotional Distress Damages

Beyond the tangible financial costs, individuals living with spinal cord injuries experience considerable physical pain, emotional upheaval, and changes in lifestyle that can lead to depression or anxiety. Courts in Halifax and throughout Nova Scotia recognize that emotional distress and loss of enjoyment of life are real, compensable harms. An award for pain and suffering acknowledges the profound personal impact of a spinal cord injury. Although there is no precise formula for assigning a monetary value to psychological trauma, a skilled legal representative can substantiate the toll on mental well-being through medical records, expert testimony, and personal narratives. Nova Scotia, like all other provinces in Canada, has a judicially imposed cap on general damages for pain and suffering and loss of enjoyment of life. Judges apply the cap as cases come before them and generally increase the cap every year based on the rate of inflation (CPI). Currently, the cap is just over $460,000 and is reserved for the most serious levels of injury disability. Less severe injuries will fall within a lower monetary range.

Seek Legal Representation From Our Spinal Cord Injury Lawyers in Halifax

Have you suffered a spinal cord injury as a result of someone else’s negligence? If so, the skilled personal injury lawyers at McKiggan Hebert Lawyers can help you recover the compensation you deserve. Our lawyers have the legal experience, resources, and knowledge that you need to hold the at-fault party accountable for your injuries. Let us fight to ensure you are fully compensated.

We encourage you to schedule a free consultation with our team so we can review your case and help you understand your legal options. To start your claim or schedule your free consultation, call 902-706-2298 or fill out the form on this website.