Authorities say that an elderly woman suffered serious injuries Sept. 6 after a vehicle hit her while she walked across Williams Lake Road in Halifax. The crash occurred at the intersection of Herring Cove Road shortly after 3:30 p.m., resulting in the woman’s death.
The 81-year-old woman was using a marked crosswalk at the intersection when the accident happened, and the signal for the crosswalk was on to allow her to walk across. However, a 71-year-old male driver who was turning right onto Herring Cove Road struck her. Paramedics took the woman to hospital, but she died from her injuries on Sept. 7. Police did not file charges against the driver pending further investigation.
In Nova Scotia, the administrator, spouse, child or parent of victims who are killed in traffic accidents could file wrongful death claims to seek compensation for damages. To recover damages, the plaintiffs need to show that the defending parties caused the deaths of their loved ones through negligence or wrongful acts.
If a wrongful death plaintiff is awarded damages in court, the jury determines the awarded amount based on the injuries that caused the death of the loved one. This might include compensation to recover the cost of the funeral and burial and the expense of travel incurred while visiting the victim between the time of the injury and the death. Other out-of-pocket costs that are directly related to the death of the victim may also be recoverable.
Most wrongful death claims are settled with the defending party and his or her insurance company outside of court, but some claims are litigated. There is usually a one-year statute of limitations for filing such a claim in Nova Scotia.
Source: The Nova Scotia Legislature, ‘Fatal Injuries Act »
Source: Nova News Now, « Elderly woman dies after being struck by car in Halifax crosswalk« , September 08, 2014