A Halifax personal injury lawyer has called upon the Nova Scotia government to boost the medical rehabilitation benefits that are given to those who suffer ‘catastrophic’ injuries in motor vehicle accidents. John McKiggan from the Atlantic Trial Lawyers Association stated that those who suffered severe injuries in accidents needed extensive medical treatment and should hence be eligible for medical benefits for about $100,000 and must additionally have income replacement of up to $1,000 for every week that the person is unable to get back to work following the accident.
McKiggan has also served in an advisory committee at the Nova Scotia Automobile Insurance Review and states that he welcomes the recommendation to increase the current medical rehabilitation coverage and double it from $25,000 to $50,000. However, trial lawyers feel that they need more as there are relatively few cases of those that suffer catastrophic injuries during road accidents.
McKiggan was quoted as saying that only a small percentage of people suffered such severe injuries which need extensive medical coverage. But when they needed it, they should be able to get it. Consumers are generally worried about increasing rates and the insurance industry invariably uses that as a form of threat, but since there are very few people who really need that level of benefit, the extra cost in premium would be infinitesimal.
However, the consultants who conducted the auto insurance review have released their recommendations last week and stated that the province should delay the introduction of these catastrophic accident benefits until such time where the assessments with regard to this system is completed in Alberta and Ontario. They have also recommended an increase in the maximum disability benefits for the individuals who are unable to work following an accident and the increase that has been suggested is from $140 to $250 per week, but this is far short of the maximum that the trial lawyers association has called for which is at $1,000 per week for the most severe cases.
Apart from the recommendations regarding the delay in implementation of catastrophic auto insurance, McKiggan looks quite pleased with the outcome of the insurance review. He states that it still doesn’t really mean too much when there is recommendation from the review that consumers should be given a choice to pay premiums that are higher so they have the right to sue in case of pain and suffering which awards over the $7,500 cap.
