Losing a loved one unexpectedly is an extremely difficult and heart-wrenching experience. If a family member’s death happened as a result of a preventable accident caused by someone’s negligence or recklessness, the ordeal can be even more painful.
If your loved one died due to the fault of someone else, our heart goes out to you during this incredibly trying time. At Valent Legal, our skilled and compassionate Halifax injury lawyers have handled many wrongful death cases. We understand the toll these tragedies take on grieving families, and we want to help.
If you are dealing with the unexpected and tragic loss of a loved one, you may be overwhelmed and unsure of how to proceed with your claim. Our knowledgeable and helpful wrongful death lawyers are approachable and easy to talk to. We can guide you through the legal process and advocate for you. While nothing we do can replace your loved one, the legal system does allow families to seek compensation for their losses.
If your family member died in an accident that was someone else’s fault, the wrongful death lawyers at Valent Legal are ready to help. Our caring lawyers take a personal interest in our clients. We will do everything we can to help you through this incredibly difficult time.
To schedule a free case discussion with Valent Legal, call us or contact us online today.
Who Can File a Wrongful Death Lawsuit in Nova Scotia?
For a wrongful death claim in Nova Scotia, claims for loss of care, guidance, and companionship can be brought by:
- Spouses (including common law)
- Children (if the child is a minor the court may appoint a guardian to represent their interests)
If you are planning on filing a wrongful death lawsuit in Halifax or somewhere else in Nova Scotia, make sure that you have the legal authority to bring the claim. When you are ready to file a claim, contact the wrongful death lawyers at Valent Legal to discuss your case.
What Do You Have to Prove in Wrongful Death Claims?
To produce a wrongful death claim in Nova Scotia, you must prove that:
- The actions or inactions of the liable party contributed to your loved one’s death.
- The death was due to the negligence or recklessness of the liable party, or the party deliberately caused the death.
- The death has caused you or your family to sustain damages.
The person’s relationship to the deceased and the facts of the case have a significant impact on the amount of compensation that can be awarded.
Our lawyers can speak with you about the facts of your wrongful death case to determine if you have a viable claim. If we believe there are sufficient grounds for a wrongful death claim, we will work closely with you to collect all the relevant evidence to prove it.
Contact the experienced and compassionate Halifax wrongful death lawyers at Valent Legal so we can help you determine if you have a valid claim.
Compensation Available in a Nova Scotia Wrongful Death Claim
The family members of a loved one who died due to someone else’s wrongdoing have, in addition to grief and emotional trauma, the financial burden of funeral and burial expenses and possibly other bills as well.
In Nova Scotia, the family members of the deceased are entitled to the following forms of compensation:
- Loss of companionship
- Loss of future earnings anticipated over the victim’s lifetime
- Reimbursement for funeral and burial expenses
- Reimbursement for medical bills
- Reimbursement for out-of-pocket expenses
- Pain and suffering for the survivors
- Benefits lost due to the victim’s death
At Valent Legal, we will do everything possible to recover the maximum compensation to cover all of the losses associated with the death of your family member. We have the skill and experience necessary to negotiate your wrongful death claim to seek full and fair compensation on your behalf.
Wrongful death cases in Halifax and throughout Nova Scotia are often very complicated. This is why you need a highly skilled and experienced wrongful death lawyer to help you through this challenging situation. Aside from your tragic loss and the resulting emotional trauma, there may be a concern over lost income, medical expenses, and funeral and burial costs.
Statute of Limitations on Wrongful Death Claims in Nova Scotia
The statute of limitations, or time limit, for filing wrongful death lawsuits in Halifax and throughout Nova Scotia is only one year. This means that if you do not file a claim within one year after the death occurs, you will likely lose the right to seek compensation. As of 2019, Nova Scotia and Yukon were the only jurisdictions in Canada that did not have a two-year period in their Fatal Injuries Act.
Because of this very short window of time, it is critical that you bring your wrongful death cases to a lawyer as soon as possible. Consulting with an experienced Halifax wrongful death lawyer will ensure that evidence is not lost, the necessary evidence is gathered, and all the wrongful death claim deadlines are met.
It is understandable that you and your family may feel reluctant to talk to a lawyer during the grieving period. However, many families find that working with a compassionate lawyer actually helps them grieve and honor their lost loved one by seeking justice for them.
Common Types of Fatal Accidents
Wrongful death occurs in instances where a person dies due to the negligent action or inaction of another party, either intentionally or unintentionally. Wrongful death claims are classified as civil actions as opposed to criminal actions. The person responsible for your relative’s death could face criminal punishment in a separate case brought by the government.
Unfortunately, wrongful death cases are all too common in Halifax and throughout Nova Scotia. Common types of fatal accidents that can lead to wrongful death claims include:
- Car accidents. This is the most common cause of wrongful death cases. Car accidents resulting in wrongful death are most likely to occur on highways, but can also occur on city and town roads.
- Truck accidents. Because commercial trucks, or semi-trucks, are much larger than other vehicles on the road, they are more likely to cause a fatality when an accident occurs. These accidents are often the result of driving with an oversized load, mechanical issues with the vehicle, and driver factors such as aggressive driving or driving while fatigued.
- Workplace accidents. There are many construction and manufacturing jobs in Nova Scotia, which means there are many dangerous work environments. Even a “safe” workplace like an office or a store could be the site of a fatal accident. Wherever a fatal accident takes place, it can lead to a wrongful death case.
- Medical malpractice. Doctors, nurses, and other health care providers have a duty to help patients to the best of their ability. Sometimes cases of misdiagnosis, failure to diagnose, or medical errors can lead to death that could have been prevented. Negligent health care professionals can be held accountable through a wrongful death case.
- Premises liability. A premises liability accident can include slips, trips, falls, pool accidents, dog bits, and many other dangerous conditions. Property owners and occupiers have a duty to keep their properties free of hazards.
- Defective products. If a person dies due to defective product, the manufacturer of the product that caused the death could be held liable. Defective automobiles, prescription drugs, toxic foods, unsafe children’s toys, and many other dangerous products have resulted in wrongful deaths.
- Pedestrian accidents. These accidents are among the most likely to cause fatalities because pedestrians do not have any protection. These types of accidents are frequently caused by driver negligence. The city or other municipal government may be liable in certain cases where road defects played a role.
- Drowning and boating accidents. A drowning accident could occur in a city pool or a friend’s backyard pool. If a pool was not properly secured, the owner may be at fault for the drowning that occurs. A boat operator who causes an accident could be held responsible for wrongful death.
- Aviation accidents. Though relatively rare, when aviation accidents do occur, they typically result in many fatalities. Common causes of aviation accidents include mechanical issues and pilot error. In these cases, the airplane manufacturer or the airline could be held liable.
While these are some of the most common causes of wrongful death, any party that did not take the proper care and contributed to the death can be held liable. The Halifax wrongful death lawyers at Valent Legal understand that no two accidents are the same and that each case has its own unique set of facts. Our lawyers have the skills and knowledge to handle the complicated legal questions that wrongful death claims present.
How Our Wrongful Death Lawyers in Halifax Can Help You
A lawyer can make sure all the necessary evidence is preserved so that any party responsible for a wrongful death can be held accountable. This is a major reason why it is so critical that you contact a lawyer as soon as possible, as evidence tends to disappear over time. The Halifax wrongful death lawyers at Valent Legal are ready to take steps to ensure evidence is not destroyed.
In the case of a fatal accident, the police may conduct an investigation. However, if it doesn’t appear that a crime was committed, the police investigation may be limited. Law enforcement may not preserve all of the evidence that is needed to prove fault in a non-criminal trial. Police could even conclude that your loved one was at fault for their death when it was not actually the case. Keep in mind that police and the criminal justice system do not have final say about civil liability for a wrongful death.
There may even be additional evidence that is beyond the scope of the police investigation. Examples could be defects in the vehicle that indicate the car manufacturer is liable, or perhaps a municipality was negligent in allowing poor road conditions. A lawyer can get an independent investigator or accident reconstruction expert on your case right away.
The Halifax wrongful death lawyers at Valent Legal can help ensure that you meet all of the deadlines when filing a claim. As soon as you hire us, we have the responsibility to determine how long you have to start a wrongful death lawsuit to protect your family’s rights. While the goal is to reach a favorable settlement for your family, it will take time to gather the information and evidence needed to support your claim.
If the one-year time limit for filing a claim expires before you file a lawsuit, your family will likely lose its right to compensation. This is why you should contact Valent Legal sooner rather than later about your wrongful death case.
The wrongful death lawyers at Valent Legal can identify all the potentially liable parties and work to hold them accountable for their wrongdoing. Our lawyers will guide you step by step through the legal process associated with a wrongful death claim and build a strong case to maximize your compensation.
Contact Valent Legal Today
At Valent Legal, we understand how painful the death of a loved one can be. A wrongful death case is often an emotionally overwhelming experience. Our lawyers will be there to provide compassion and support during this most difficult time. Our lawyers are ready to answer all your questions and represent you throughout the process.
When you call Valent Legal, you can have full confidence that we will handle your wrongful death case with the utmost care, compassion, and professionalism. Our Halifax wrongful death lawyers will do everything they can secure the maximum compensation you and your family deserve for your loss – and the justice your deceased family member deserves.
Call or contact us online today to schedule a free and confidential consultation with one of our experienced Halifax wrongful death lawyers.