To everyone – thank you – you saved my brother’s life.

To everyone – thank you – you saved my brother’s life.

Shelley Handrigan

In early 2021 my younger brother was put on the transplant list due to his failing liver. My younger cousin had been a kidney transplant recipient several years ago, so the concept of being a living donor wasn’t completely foreign to me. Back then, my uncle (her father) was luckily a good candidate and successfully donated his kidney.

In some ways the decision to donate a portion of my liver was easy for me. I knew that it would have a substantial impact on my brother’s chances of survival and improvement, and that the long-term impact to me would very likely be minimal. However, due to my career and personal circumstances, it was still a major life decision. And although my brother’s need was no fault of his own, I knew he would never ask me to donate and would likely feel guilty in receiving it. I knew his worry for me would be a weight that he would carry on top of his health issues. Luckily for both he and I, we had an outpouring of support from our families, friends and employers – all of which worked to reduce that weight. And luckily for us, I was a good candidate and we had our surgery in 2021.

I will always be grateful and in awe of the team at Toronto General: our surgeons, nursing staff, the lab techs and assistants, our nurse co-ordinators, and many others contributed to the success of the transplant. There were so many steps and moving parts to keep me and my brother safe, to give the surgeries the best chance of success and provide us with the smoothest recovery possible. Somehow, they came together and pulled it off – and during a pandemic no less.

The statistics are grim. My brother survived, but as of December 31, 2021, a total of 4,043 Canadians were on wait-lists to receive a transplant. In 2021, a total of 652 Canadians were removed from the organ transplant wait-list. Of these, 38% died while waiting.

I am so grateful to everyone who assisted us along the way towards surgery. In some cases, it was financial.  In other cases, people loaned us items for our trip to Toronto or cooked for us, and many provided us with kind words and much needed ‘positive vibes’. I’m also very grateful to the Partners at Rogers Rogers Moyse. When I told them of my plan to donate, not only did they tell me to take as much time as I needed to recover from surgery, but they also didn’t hesitate to keep me at full salary while I was on leave. This was a generous gift, and made the process so much easier for me.

There are many barriers to living donation – physical compatibility is only one of them. Many must travel great distances and at significant cost. Many have work or family commitments. One thing I have learned through this process is the importance of community support. Without it, the barriers may have been too great. There is a great need for living organ donation and as a community there is a lot we can do to help, including helping those going through a difficult health crisis to find the answers and the resources they need.

If you want more information about living donation and the supportive programs available check out the online Research Library through the Ajmera Transplant Centre (

And to everyone – thank you – you saved my brother’s life.

Automobile Insurance Legislation Changes Effective

Legislative changes to the Automobile Insurance Act.

Effective, January 1st, 2020

On January 1, 2020, several changes to the Automobile Insurance Act and associated regulations will come into effect. The changes are intended to help stabilize insurance rates while enhancing consumer protection.

The following improvements will be effective in the new year:

  • Motorists will deal with their own insurance company on property damage claims where they are not at fault, contributing to a faster resolution of the claim and a more consumer friendly experience;
  • The deductible will double from $2,500 to $5,000 for pain and suffering awards;
  • Insurers will be required to report a cancellation of any auto insurance policy to the Registrar of Motor Vehicles;
  • The claim adjustment and settlement process for bodily injury claims will be streamlined and injured persons will be required to notify the insurer of their intention to commence an action within 120 days;
  • Full filings will be required every three years, and there will be a mechanism for quick approval of rates where changes are no more than three per cent in a given year, and no more than six per cent cumulatively over three years;
  • Fleet rated risks will be outside the Board of Commissioners of Public Utilities (PUB) process, allowing taxi companies and others to negotiate their rates with willing insurers;
  • Auto insurance will be reviewed at least every five years;
  • Insurers will be permitted to offer telematics, which is technology capable of collecting information about where, how and when vehicles are driven, and drivers will have the option to participate in any telematics program offered by their insurer; and,
  • Insurers will be required to provide a discount for winter tires.


How Much is My Personal Injury Claim Worth?

You’ve been in a motor vehicle accident and suffered an injury.  It’s affected your life in many new and unexpected ways: you’ve got medical appointments, you’re missing work, things aren’t getting done around the house, and relationships become strained.  The phone rings, and it’s the insurance company for the person who injured you.  In the middle of all this stress, they offer you some money, and give you some compelling reasons to accept the offer.  How do you know if the offer is fair?  You turn to Google: “How much is my injury claim worth?”

We get these questions all the time from frustrated victims across Newfoundland and Labrador:

  • What’s my claim worth?
  • Is my claim worth pursuing?
  • The insurance company offered me money for my claim, is it a fair offer?

There is no quick and easy way to put a price on an injury claim. This, is actually a good thing for you and your claim.  Here’s why.

How Is Compensation for My Personal Injury Determined?

In Newfoundland and Labrador, the law treats you like an individual, and takes into account how your injuries have changed your life and affected you personally.  This personalized approach is superior to certain other jurisdictions where injuries are assessed according to preset tables, also referred to in the insurance industry as “meat charts.”  In Newfoundland and Labrador, courts take into account how severe your injuries are, and how long they will last. A person who is completely paralyzed for life will be entitled to more compensation than someone with a broken hand.  Long Term Disability Law is one of areas of expertise and we have assisted thousands of long term disability victims across our province. If the person with the broken hand is a highly-paid professional athlete who can never play again, the value the courts assign to the injury might not necessarily change, but the overall value of the claim will increase because of the money that person won’t be able to earn because of the injury.  Physical and psychological injuries – such as depression, anxiety, insomnia, and PTSD – are considered, and each additional injury typically increases the amount of compensation that is awarded.

When Can I Settle a Claim?

Before calculating the value of an injury claim it is important that you are either 100% healed from your injuries, or as healed as you can ever be expected to be. This is known as Maximum Medical Improvement or MMI.  Your treatment providers will determine when you reach MMI and at that point the duration of your injuries will be known with enough certainty to determine the right amount of compensation for you.  NOTE: in Newfoundland and Labrador, you have 2 years from the date of your accident to file a claim.  If you are getting close to the 2-year deadline, contact us to discuss your options. It costs nothing to speak with a member of our team, and we may still be able to protect your claim. 

Many injury claims in Newfoundland and Labrador will end via a negotiated settlement.  This means that you, as the injured person, agree to accept an amount of money from the person or persons who caused your injury in return for ending your claim forever.  Most of the time, the compensation will be paid by the other person’s insurance company, but even if the other person doesn’t have insurance, there are ways to recover the compensation. To ensure you receive a fair shake, this is where hiring a specialized personal injury law firm can assist you.

Why Am I Entitled to Compensation?

When you’re injured in Newfoundland and Labrador because of the wrongdoing of someone else, the law says that you are entitled to compensation.  It’s because the law recognizes that something has been taken from you, and aims to put you back in the position you were before the injury happened.  Of course, money is a poor substitute for your health and well-being, but in the case of pain and suffering, it’s the best the law can offer to people injured in accidents.

Does It Matter Who Is at Fault in a Car Accident?

The short answer is that it definitely matters who is at fault for the accident when it comes to whether or not you are entitled to compensation for your claim. In the province of Newfoundland and Newfoundland, however, fault is not treated as black or white.

Sometimes you can be injured by someone else in an accident, but because of something you did or did not do, the court may find you partially liable for your injuries.  For example, imagine you are a passenger in a car and the driver loses control causing the vehicle to roll over.  Because you were not wearing your seatbelt, your injuries are more severe.  The court may find you partially liable for your injuries.

Next Steps:

We’re here to help. We have helped thousands of injury victims across the province get the compensation they deserve.  It costs nothing to speak with a member of our team, and we are available 7 days a week.  Contact Us Today and let us protect your rights.

Penalties for Distracted Drivers in Newfoundland

On June 7, 2018, in an attempt to improve road safety in Newfoundland and Labrador, the Provincial Government amended the Highway Traffic Act.

Amendments to the act were introduced in December 2017 to reduce excessive speeding, stunting and street racing by adding licence suspensions and vehicle impoundments as new penalties. Move over provisions were also enhanced by requiring drivers to reduce their speed by 30 kilometres per hour below the speed limit and move to an adjacent lane when approaching law enforcement or other emergency vehicles stopped at roadside.

A new offence for driving without due care and attention or without reasonable consideration for others, causing bodily harm or death was also added to the Highway Traffic Act. The new penalties for this offence are: a minimum fine of $2,000 and a maximum fine of $20,000 or up to two years imprisonment, or both; licence suspension of not more than five years; and six demerit points. The amendments also increase the existing fines for driving without due care and attention or without reasonable consideration for other persons from $120-$480 today to $300-$1,000.


“Driving is a privilege, not a right. The amendments to the act strengthen driving laws by imposing tougher penalties on drivers. The improvements are designed to reduce distracted and careless driving such as driving without due care and attention, causing death or bodily harm, excessive speeding, racing and stunting, for example. These changes will make our roads, highways and communities safer and better prepare young people for the responsibility of becoming a driver.”
Honourable Sherry Gambin-Walsh
Minister of Service NL

If you or a family member have been involved in a car accident within the province of Newfoundland and Labrador, and would like to chat with one of our specialized personal injury lawyers, contact our office at, or by phone 709-738-0001. It costs nothing to chat with one of our lawyers and to understand your rights.

What to do if your Teen is involved in a Car Accident

It’s one of the most common nightmare scenarios for parents of teenagers: you get a call, informing you that your teen has just been involved in a car accident. Your first thoughts are for your child’s safety and well-being. Soon thereafter, you may start to think about the various implications of insurance and liability.

If your child has recently been involved in a motor vehicle accident, or if you want to be prepared for a future instance, it is crucial that you know the proper steps to take. Having the right knowledge may improve your chances of receiving compensation for your child’s injury, avoiding huge increases in your insurance premiums, and successfully defending claims against you and your child.

See a Doctor

First and foremost, if your child is involved in a car crash, be sure to seek immediate medical attention. Even if injuries are not severe, a doctor can give you an official diagnosis which will be invaluable when seeking compensation for your injuries, pain and suffering.

Contact the Police at the time of the Accident

Cover your bases by notifying authorities. The police should always be contacted in the event of a car accident.

Speak to a Lawyer, before your insurance company

It is crucial that you speak to an injury lawyer in the event of a car accident. Any information that you give an insurance adjuster, especially one representing the other party, may be used by the insurance company to establish fault.

A lawyer can advise you on your particular situation, and help you avoid any pitfalls when dealing with insurance companies. Being contacted by an insurance adjuster can be intimidating, so be sure you are prepared to deal with these calls. Usually, you are not required to speak with any third-party insurance companies.

Filing a Claim

Most likely, your insurance company will contact you about filing a claim. A claims specialist can assist you in filing the claim. However, you should be cautious, as a claims specialist may not always have your interest as their priority.

Accidents involving teenagers are often catastrophic; be sure to do your best to ensure that the aftermath isn’t as well.

Download Our Accident App

Think of a car accident – the damage to your vehicle, an injury to you or a loved one. You’re in shock. At a time when it’s hard to think, The Rogers Rogers Moyse Personal Injury Accident App guides you through the process to ensure you cover yourself from a legal perspective. Hope for the best – but prepare for the worst. Download our App Here.

Medical Malpractice

A landmark study in 2004 involving cases of medical malpractice estimated that as many as 70,000 patients in hospitals were injured as a result of preventable medical errors on an annual basis. Unfortunately many of those patients were severely inured or died. If we were to assume that with population increasing those numbers may even be higher today.

The three areas of practice that produce the most cases involve specialists, obstetrics and surgery.

If you or a family member who may not be able to speak on their own behalf suspects that they have been injured by negligent health care it is important that the case be discussed with legal counsel who can provide an opinion on the merits of the case. Many cases may not pass a legal threshold and therefore they may not be able to proceed. Often it will be necessary to obtain a medical opinion to review the case to determine if there was substandard care. Simply receiving poor care may not give rise to a viable case. It is not easy to sue a health care provider and statistics show that the number of medical malpractice cases are decreasing. Physicians are protected by a non-profit organization called the Canadian Medical Protection Association (CMPA) which has access to a $3.6 billion war chest to hire lawyers and experts to fight a medical malpractice case. Most cases are fought vigorously and take exceptionally long periods of time to reach trial. This has been called the “scorched earth defence”.

A medical malpractice case has a limited time frame in whch to commence a legal proceeding. If the time frame has passed then the case cannot proceed.  Some provinces have different time frames depending on their legislation. It is essential to consult with a lawyer as soon as possible to avoid a time barred potential case. We handle cases that occur in other provinces and we will often partner with other lawyers as co-counsel who have immediate access to their provincial courts and system.

Catastrophic baby deliveries tend to have the highest settlements or court awards. They may be in the millions due to the enormous costs associated costs with patient care and medical treatment. The CMPA has reviewed over 169 such cases over the past ten years in which serious harm occurred during obstetrical deliveries and emergencies. Most cases involved a serious breakdown in judgment which lead to delayed delivery of the unborn child resulting in overwhelming injury to the baby. Catastrophic delivery cases are rare but they do occur and they are disastrous for the family and child. There are about 6 maternal deaths per 100,000 deliveries in Canada whereas 5 children may die per 1,000 births.

If you are concerned about a medical malpractice occurring you should secure the medical charts in their entirety so that the activity can be reviewed.  Patients are entitled to a copy of their charts but will most likely have to pay a fee for the service.

Medical malpractice cases are difficult and require a great deal of time and resources. Even if there is evidence of improper medical treatment it will also require proof that the injury is due to that failure of proper care.

We would be happy to discuss your case with you at anytime but please be aware that a delay may result in a good case becoming time barred.

What to do if you are in a Motor Vehicle Accident

So you’ve been in an accident!  It can happen to the best of us. Now what?  The lawyers at Rogers Rogers Moyse can help you through this.  We’ve done so for thousands of clients over the years so you don’t have to go it alone.  But before you call us, we have a few suggestions to make sure that when these things happen, you know just what to do.

The first thing you should do when you’ve been in an accident is to make sure things don’t get worse.  Stop your vehicle, turn off the ignition and put your emergency flashers on.  Your safety and the safety of others is what’s most important at this time.  Stay calm and assess whether you or anyone in your vehicle has been injured.  Then try to determine whether your vehicle is in an unsafe place.  If there are injuries, the vehicle seems to be damaged badly or unmovable or it is in an unsafe place, immediately call 911 or emergency response in your area.  They will direct you as to what to do.

If you are not injured and it is safe to do so, you can exit your vehicle and check to see if there are people in other vehicles who are injured.  Remember, if there are any injuries, you should immediately call for help.  Moving an injured party may cause more harm so you should not move that person unless there is immediate danger such as fire.

Next thing you should do is document the accident scene by taking pictures of your vehicle and the other vehicles involved in the accident.  Remember, only do this when it is safe.  These photographs can be invaluable later and with most people having access to smartphones, the more pictures to describe the accident scene, the better.

Once you have made sure it is safe to do so, you can move your vehicle to the side of the road or the nearest safe place.  It is helpful to discuss or plan a place to move the vehicles with the other drivers involved in the accident so that all parties can safely exchange information while staying out of traffic.  If your vehicle cannot be driven, make sure to leave your emergency flashers on and provide other motorists with as much warning of your vehicle as possible.  This is where things such as road flares, warning triangles, etc. can be very handy.

Now you need to gather information on the other vehicle or vehicles involved.  The information you will need for every vehicle involved in the accident are:

  • the driver’s name, license number, telephone number and address
  • the insurance company and policy number
  • the vehicle plate number, make, model and color

You should also get the names and telephone numbers for any witnesses who may be very important in determining what happened in the accident.  Remember, safety is what is most important so exchange information only when you are away from traffic or other dangers.  If the police attend the accident scene, they will likely gather this information but it is still important for you to gather this information yourself.

Once you have collected all the necessary information, you should notify your insurance company as soon as possible and report the accident to the police if they did not attend the accident scene.  Then, call us, Rogers Rogers Moyse at 722-3777, day or night.

Car accidents are terrible, no doubt.  But you are not alone when it happens.  Remember, the lawyers at Rogers Rogers Moyse have extensive experience in helping the people of Newfoundland and Labrador deal with their personal injuries cases.  From motor vehicle accidents, motorcycle accidents, slip and falls and many other types of accidents, we can help you receive the compensation you deserve and get the protection you need.  With personal injury cases, you only pay us after you receive a settlement.  We will gladly meet with you to discuss your case, anywhere, anytime.  Rogers Rogers Moyse can take on the worry and burden of dealing with these legal matters so that you can focus on getting well.  At Rogers Rogers Moyse, We Stand For You.

Key Points

  • Stop the car and assess the situation in your car to see if you or your passengers have been injured.
  • If there are injuries, the car is unmovable, or the vehicle is damaged badly, call 911 immediately.
  • Check to see if the other vehicle’s passengers are okay. Call 911 immediately if there are injuries.
  • Document the accident by taking pictures of both cars.
  • If possible, move your car to the side of the road with your emergency lights still on.
  • Obtain the correct information; driver’s name, address, phone number, license number, license plate number, car model, color, insurance company, and policy number.
  • Notify your insurance company as soon as possible.