Wrongful Death Lawyer Halifax

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 Lawyer in Nova Scotia, New Brunswick, and Prince Edward Island

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.

Your Wrongful Death Claim

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:

  • Traffic accidents of every kind, such as a truck accident, motorcycle accident, or car accident that was caused by another driver’s negligence
  • Slip and fall accidents and other occupiers’ liability claims
  • Negligence-based accidents that lead to long-term disability
  • Sexual assault cases, which can be both criminal cases and civil actions

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.

Limitations of Actions

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.

Who May File A Wrongful Death Lawsuit

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:

  • The decedent’s spouse
  • The decedent’s common law partner – who had a conjugal relationship and lived with the accident victim for at least one year prior to death
  • Parent
  • Stepparent
  • Grandparent
  • Child
  • Stepchild
  • Grandchild

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.

Damages Sought

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:

  • Hospital bills and medical expenses for treatments prior to the person’s death
  • Funeral and burial expenses
  • Loss of services, such as household or childcare services
  • Reasonable travel expenses sustained prior to death
  • Lost income sustained, including current and future lost wages that would have contributed to the family
  • Loss of benefits, such as employment, retirement, and social security benefits
  • Loss of inheritance that the decedent would have continued to acquire and would have left to the family had they lived to their life expectancy

These financial losses can add up quickly, but they can be outpaced by your noneconomic losses, including:

  • Loss of your loved one’s companionship, including their love, care, affection, comfort, society, and protection
  • Loss of your loved one’s guidance
  • The physical and emotional pain and suffering your loved one endured prior to death
  • The emotional pain and suffering you endure as a result of your sudden loss

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.

Punitive Damages in New Brunswick

It’s important to also note that there are highly specific circumstances when punitive damages are available in wrongful death cases in New Brunswick – although they are prohibited in Nova Scotia and Prince Edward Island. Punitive damages are designed to punish the negligent party – rather than to compensate the decedent’s family member survivors – and this category of loss is reserved for those cases that involve negligence of an especially egregious nature, including wantonly or intentionally causing harm.

Punitive damages are more likely to apply when, in addition to the civil wrongful death case, criminal charges are brought in a criminal case.

Bringing a Strong Wrongful Death Case

To bring a strong wrongful death lawsuit that protects your rights and best interests, you’ll need to prove that all the following elements are present:

  • The at-fault party’s actions or inaction contributed to or directly caused the fatal accident that killed your loved one.
  • The accident was caused by the at-fault party’s negligence, recklessness, or deliberate action.
  • You suffered legal damages, which can include both economic and noneconomic losses as a result.

In order to prove these elements, you’ll turn to the available evidence, which your wrongful death lawyer will ably gather and skillfully compile.

Experienced Halifax Wrongful Death Lawyers Are Standing By to Help You

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.

Initial Consultations Are Free Of Charge

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 1-800-465-8794 or by completing a short online contact form.

Additional Articles