HALIFAX Wrongful Death Lawyer
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 has 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 your rights. 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.
TABLE OF CONTENTS
- How Our Wrongful Death Lawyers in Halifax Can Help You
- Meet Our Team of Experienced Wrongful Death Lawyers
- What Our Past Clients Say About Working With Our Team
- Who Can File a Wrongful Death Lawsuit in Nova Scotia?
- What Do You Have to Prove in a Nova Scotia Wrongful Death Claim?
- Compensation Available in a Nova Scotia Wrongful Death Claim
- Factors That Affect Wrongful Death Compensation in Nova Scotia
- Statute of Limitations on Wrongful Death Claims in Nova Scotia
- Common Causes of Wrongful Death in Nova Scotia
- What Is the Process for Filing a Wrongful Death Claim in Nova Scotia?
- Estate Claims vs. Family Member Claims in Nova Scotia Wrongful Death Cases
- How Does Insurance Apply in a Nova Scotia Wrongful Death Case?
- Frequently Asked Questions About Wrongful Death Claims in Nova Scotia
- Contact Our Halifax Wrongful Death Lawyers Today
How Our Wrongful Death Lawyers in Halifax Can Help You
At Valent Legal, our role starts with a prompt and thorough investigation. Police investigations may not capture every detail needed to establish fault in a wrongful death claim, especially when no criminal charges are involved. We step in early to preserve critical, time-sensitive evidence and look beyond the initial findings—such as examining vehicle defects, road safety, and other contributing factors in fatal car accidents. We also work with independent professionals to ensure no detail is overlooked.
From there, we manage every aspect of the legal process. We identify all responsible parties, keep your claim on track with strict deadlines, handle negotiations, and build a case designed to secure fair compensation. Therefore, you can focus on your family while we move your case forward. Contact Valent Legal when you’re ready to take the next step.
Meet Our Team of Experienced Wrongful Death Lawyers
Families pursuing a wrongful death claim deserve clear guidance, compassionate support, and first-rate representation. Our team brings the experience and focus needed to handle these cases with care, while working to secure meaningful results. Meet our dedicated lawyers below:
What Our Past Clients Say About Working With Our Team
Our clients’ testimonials remind us why we do this work. Here’s what some of them have shared about their experiences with our team:
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:
- Parents
- Grandparents
- 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.
In the wake of a wrongful death, you deserve compassion and justice. Let Valent Legal fight for your family’s rights and hold those responsible accountable.
What Do You Have to Prove in a Nova Scotia Wrongful Death Claim?
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 significantly impact the amount of compensation recoverable.
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, compassionate Halifax wrongful death lawyers at Valent Legal to determine whether 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. Thus, 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.
Factors That Affect Wrongful Death Compensation in Nova Scotia
Several factors affect the amount of compensation recoverable in a wrongful death claim, such as the deceased’s age, earning capacity, and expected future income, as well as the number and ages of any dependents who relied on them. Courts also consider the nature and severity of the accident, as well as the degree of negligence involved.
In cases where the at-fault party’s conduct was especially egregious or malicious, a court may award punitive damages reflecting the seriousness of the wrongdoing to punish the responsible party and deter future misconduct.
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. Thus, 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 Canadian jurisdictions without a two-year limitation period.
Because of this very short window of time, it is critical to speak with a wrongful death 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 Causes of Wrongful Death in Nova Scotia
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, such as traumatic brain injuries, when an accident occurs. These accidents are often the result of driving with an oversized load, mechanical issues with the vehicle, or driver factors such as aggressive or fatigued driving.
- 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 bites, 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 a 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 result in fatalities because pedestrians have no 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 is 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 complex legal issues raised by wrongful death claims.
What Is the Process for Filing a Wrongful Death Claim in Nova Scotia?
Filing a wrongful death claim in Nova Scotia requires careful steps and timely action, as claims must be filed within one year. The process generally includes:
- Free consultation: Meet with a wrongful death lawyer to review the case and discuss options.
- Investigation and evidence gathering: Your lawyer collects police reports, medical records, witness statements, and other critical evidence.
- Filing the claim: Your lawyer prepares the lawsuit and files it within the one-year limitation period to protect your right to compensation.
- Discovery and depositions: Your lawyer exchanges information with the opposing party, prepares documents, and conducts depositions of witnesses and experts.
- Negotiation or trial: Your lawyer leads settlement negotiations with insurers or represents your family at trial if needed.
- Settlement or judgment: You and your family receive compensation through a negotiated settlement or court decision.
Estate Claims vs. Family Member Claims in Nova Scotia Wrongful Death Cases
In Nova Scotia, estate claims are usually filed by the executor or administrator of the deceased’s estate. Under the Fatal Injuries Act, the estate seeks compensation for the losses the deceased suffered before passing, including medical expenses, lost wages, and pain and suffering. These damages become assets of the estate and are distributed to the beneficiaries.
In contrast, claims brought on behalf of family members typically focus on the direct losses sustained by certain surviving relatives. Spouses, common-law partners, parents, and children of the deceased may be entitled to recover damages. Such claims can seek compensation for the loss of guidance, care, and companionship, as well as expenses they incurred, such as travel for care, funeral costs, and loss of income and support.
How Does Insurance Apply in a Nova Scotia Wrongful Death Case?
In Nova Scotia, wrongful death claims may be covered by several sources, including no-fault benefits and third-party liability insurance.
In motor vehicle accidents, Section B benefits provide immediate support, including up to $2,500 for funeral expenses and a lump-sum death benefit, regardless of who was at fault. If the other driver is uninsured or cannot be identified, Section D coverage offers a minimum of $500,000. Additional coverage may also be available through the at-fault driver’s third-party liability insurance, up to their policy limits.
Insurance companies often move quickly after a fatal accident and may offer early settlements. While this can seem helpful, these offers are often lower than what a claim may be worth. It is important to review any offer carefully and consult an experienced wrongful death lawyer before accepting it.
Frequently Asked Questions About Wrongful Death Claims in Nova Scotia
Below are common questions about wrongful death claims in Halifax:
What if the Person Responsible Was Never Charged With a Crime?
Regardless of whether the responsible party has ever faced criminal charges, your family may still be entitled to recover compensation through a wrongful death claim in Nova Scotia. Civil cases focus on proving responsibility and damages, independent of criminal proceedings. A Halifax wrongful death lawyer can help collect evidence, identify liable parties, and ensure accountability while pursuing the compensation you and your family deserve.
Can I File a Wrongful Death Claim if My Loved One Was Partially at Fault?
Yes, you may still file a wrongful death claim even if your loved one was partially at fault. Nova Scotia follows a comparative negligence approach, which means compensation may be reduced in proportion to your loved one’s share of the responsibility. A lawyer can help assess the circumstances and calculate potential damages.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
At Valent Legal, we handle wrongful death cases on a contingency fee basis, meaning we collect fees only if your family receives compensation. We believe that every family should have access to quality legal representation without facing financial strain.
What if the Liable Party Is Uninsured or Underinsured?
If the at-fault party is uninsured or underinsured, your family may still be able to recover compensation through your own insurance policy, often under Section D coverage in Nova Scotia. This coverage can provide a minimum of $500,000, even when the responsible driver cannot pay. A lawyer can help you navigate the process, ensure you access all available benefits, and pursue any additional claims as needed.
What Specific Evidence Should I Gather Before Contacting a Lawyer?
Before contacting a lawyer, gather any evidence related to the accident, including police reports, photographs of the scene or vehicles, medical and funeral records, witness information, and insurance documents. Once involved, a lawyer can guide you on what else may be needed and ensure nothing important is overlooked.
Contact Our Halifax Wrongful Death Lawyers 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 to secure the maximum compensation you and your family deserve for your loss – and the justice your deceased family member deserves.
Contact us online or call (902) 443-4488 today to schedule a free and confidential consultation with one of our experienced Halifax wrongful death lawyers.