Losing a loved one to someone else’s negligence is a tragic experience that can leave you facing overwhelming emotional and financial losses. While wrongful death cases are legally complex, and nothing can return your family member to you, obtaining full and fair compensation can provide you with the support you need to navigate the challenging path toward recovery. Reach out for the skilled legal guidance of an experienced wrongful death lawyer in Halifax for the help you need today.
Wrongful death claims fall under the Fatal Injuries Act in the Maritime Provinces – Nova Scotia, New Brunswick, and Prince Edward Island. This statute applies when a fatal accident occurs as a result of negligence or misconduct, and medical malpractice is a specific form of wrongful death. As patients, we turn to healthcare professionals for the medical attention we require, and when adequate care or appropriate treatment isn’t forthcoming, it can prove fatal. While a loss of this nature is always devastating, it can be made more so if the death is preventable.
Wrongful death lawsuits in Nova Scotia are civil matters that specific family members can file against the at-fault party, such as a medical professional or medical facility. These claims allow survivors to seek compensation for the financial losses they experience in the wake of their loved one’s death as well as for the noneconomic losses they experience, such as emotional pain and suffering.
While many wrongful death claims are related to medical malpractice or car accidents, a wide range of incidents can lead to wrongful death cases. Some of the most common include:
An experienced wrongful death lawyer with a wealth of experience successfully handling wrongful death lawsuit can help you obtain compensation that fairly addresses the full range of losses you experience.
In Nova Scotia, there is a strict statute of limitations – or limitations of actions – that bars claimants from using civil action or filing wrongful death lawsuits after a specific amount of time has passed. When it comes to civil cases and wrongful death claims, including those related to medical malpractice, you have only one year from the date your loved one succumbed to their injuries – rather than from the date the injuries were sustained, if they’re not the same – to file a wrongful death case.
While the statute of limitations varies between provinces, it is reliably brief. In other words, if you believe that your relative’s death is the result of another person or entity’s negligence or misconduct, the limitation period is brief, and seeking the skilled legal counsel of a trusted Halifax wrongful death lawyer sooner rather than later is advised
Generally, the executor or administrator named in the will of the decedent – or the deceased person – files the wrongful death claim on behalf of their successors. If, however, the decedent didn’t leave a will or the executor fails to file a claim within six months, one of the surviving family members – as defined by law – may file. While eligibility varies by province, the following list is comprehensive:
Only certain family members may file the wrongful death suit, and to do so, they must have reached the age of majority, which is 19 in Nova Scotia.
The damages – or losses – and compensation you can seek in a wrongful death claim depend upon the circumstances involved. These losses are generally divided into economic and noneconomic damages. Economic damages and compensation will refer to those losses your family experienced as a result of your family member’s death that you can easily attach a price to, including:
These financial losses can add up quickly, but they can be outpaced by your noneconomic losses, including:
Losing a close family member as a result of carelessness on the part of the negligent party is especially difficult, and the financial burden can be overwhelming. Because obtaining just financial compensation is critical to your family’s recovery, you shouldn’t wait to consult with a formidable wrongful death lawyer.
The legal team at Wagners is committed to pursuing wrongful death claims and holding negligent parties accountable for their actions.
The loss of a close family member or friend can never be made up for with words or actions, but financial compensation from personal injury claim is of some help in softening matters. The emotions felt in a wrongful death claim are undoubtedly overwhelming, and the legal procedures involved are likely the last thing you want to think about. Let a personal injury lawyer at Wagners guide and represent you through the process.
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 car accident that caused a wrongful death, our personal injury lawyers in Halifax can discuss your case with you. You can reach our own injury lawyers team by calling 902-425-7330 or by completing a short online contact form.
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