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After a fatal accident, most Nova Scotia families have no idea a claim exists, and many feel uneasy even asking. The law here is clear: when someone dies because of another person's negligence, the Fatal Injuries Act gives certain family members the right to compensation for what they have lost.
Wagners has acted as a fatal accidents lawyer for families across this province for decades, and there is a twelve-month deadline most families never hear about until it has passed. Tell us what happened and we will tell you whether a claim applies and how long you have. There is no cost to ask, and no pressure that follows.
The Fatal Injuries Act allows claims by a spouse or common-law partner, a parent, or a child of the person who died. Those last two words are defined more widely than they sound: "child" includes a grandson, granddaughter, stepson and stepdaughter, and "parent" includes a grandfather, grandmother, stepfather and stepmother.
The claim is normally brought by the executor or administrator, meaning the person legally responsible for the estate, on behalf of those family members. Where there is no executor or administrator, or six months pass from the death without one starting the action, eligible family members may bring it themselves.
A separate claim belongs to the estate itself under the Survival of Actions Act, covering the deceased's own losses between the injury and the death. That claim is narrower than families expect: it recovers actual financial loss to the estate, and the Act expressly excludes pain and suffering, loss of expectation of life, and punitive damages. The two claims usually proceed together, and part of our work is making sure nothing falls between them.
At Wagners, an accident lawyer in Halifax, New Minas or Kentville will handle your fatality claim with the utmost care and delicacy. Our legal approach is highly assertive with the other side but we are extremely compassionate when working with you. We will undertake the tolls and complications involved in the legal battle so you can focus on needs for yourself and your family.
Compensation centres on what the family has actually lost, both financially and personally. That includes the income the deceased would have contributed to the household, the value of services they provided such as childcare and home maintenance, and funeral and related expenses. Nova Scotia law also recognizes damages for the loss of care, guidance, and companionship a spouse, parent, or child provided.
Where the fatal accident arose from a motor vehicle collision, funeral benefits and certain death benefits may also flow from Section B of the automobile policy, regardless of fault. These no-fault benefits arrive faster than a negligence claim resolves, and we help families access them early. Families often see this described as wrongful death claims, which is the same body of law under a more familiar name.
Most claims follow four broad stages, and families are not required to relive the accident at every one of them. The stages are:
The first two stages are where most of the work happens, and they happen largely without the family having to do anything. Two deadlines run at once here, and the shorter one surprises almost everyone.
The Fatal Injuries Act requires the dependants' action to be commenced within twelve months of the death, while the estate's survival claim runs on the two-year period in the Limitation of Actions Act. Getting advice early protects both, even if the family needs time before deciding anything.
The same negligence that causes brain injuries and spinal cord injuries in survivors is what takes lives in the worst cases, and we investigate both with the same rigour.
Ray Wagner founded this firm in Halifax in 1982, and fatal accident, catastrophic injury and medical malpractice work has been part of it throughout. Wagners is ranked a Lexpert Top 10 personal injury boutique. We work from how Nova Scotia courts have actually assessed dependants' losses, because that is what sets the range a family should realistically expect.
Just as importantly, we work at the family's pace. One lawyer handles your file from start to finish, meeting you at our Halifax office or travelling to you anywhere in Nova Scotia or the Maritimes.
Every fatal accident claim is handled on a no-win, no-fee basis, so pursuing answers costs the family nothing unless the claim succeeds. If you are not sure there is anything here to look at, send us what you have and we will tell you honestly.
Families usually bring us the same first questions, so here are plain answers.
The civil claim is separate and does not depend on a conviction. A criminal case uses a higher standard of proof, so a claim can succeed even where charges fail or were never laid. Evidence from any prosecution can still assist the civil case.
Yes, though compensation is reduced by their share of responsibility under Nova Scotia's contributory negligence rules. That share is often overstated, and challenging it is part of our job. Partial fault is not a reason to stay silent.
Workplace deaths may fall under workers' compensation instead of, or alongside, a Fatal Injuries Act claim. Which route applies depends on who caused the death and their employment status. We sort out that threshold question at the first meeting.
Yes, compensation is apportioned among the eligible family members according to each person's loss, not split evenly by default. A spouse's loss of income support differs from a child's loss of guidance, and the settlement reflects those differences. Where family members disagree, the court can decide the division, though most families resolve it with our help during settlement.
Most resolve within one to three years, depending on how contested fault is and how involved the financial losses are. We move at whatever pace the family can manage once the claim is started. Starting it is the part that cannot wait, because the Fatal Injuries Act allows twelve months from the death.
A claim still exists because the Fatal Injuries Act compensates the loss of care, guidance, and companionship, not only lost income. Courts in Nova Scotia have recognized that a family's loss is real whether or not the person was earning a paycheque. The valuation looks different in these cases, and this is precisely where careful legal work matters most.
Rarely, since most fatal accident claims settle through negotiation. We prepare every file as if trial may come, because that preparation is what produces fair settlements. If court becomes necessary, we carry that weight, not you.
There is no right timetable for this. Whether the accident happened last month or last year, one conversation will tell you whether a claim exists, what it involves, and what deadlines apply, and then the decision stays yours entirely. Contact Wagners whenever you are ready.
We have nearly 80 years of experience in helping injured victims in obtaining justice for their injury claims.
If you have lost a loved one in a wrongful death, our accident lawyers in Halifax can discuss your case with you. You can reach our team at Wagners by calling 902-425-7330 or by completing a short online contact form.
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