Suing after a car accident in Halifax, NS
Our team of top rated Halifax personal injury lawyers have been helping people across Nova Scotia involved in motor vehicle accidents receive fair compensation for their injuries for over 25 years.
Insurance companies make money by paying out as little as possible in claims. The first offer made is not always the best, and the claim is often undervalued. While the legal process can take time, building a strong case and the threat of courtroom litigation can compel an insurance company to offer a fair settlement. In fact, most cases settle outside of court. Furthermore, an experienced personal injury lawyer will argue in your favor for eligible damages the insurance company may otherwise never acknowledge.
Our legal team will help you understand how motor vehicle insurance works, what the steps in the legal process are, and what kinds of benefits are available to you. And, if you’re not receiving the benefits you’re entitled to, then we will step in and fight for you.
We recommend speaking with an experienced personal injury lawyer who can provide you with information specific to your situation. Contact us today for a free consultation.
How long do I have to file a car accident lawsuit in Halifax?
Time is of the essence when you’ve been involved in a motor vehicle accident. Engaging a lawyer promptly after an accident helps ensure that evidence from the scene of the accident, witness statements, and other time-sensitive support for your case is preserved.
In general, you have two years from the date of the accident to file a motor vehicle accident claim in Nova Scotia, although there are exceptions. There are also other time limits that apply to no-fault claims under your Section B insurance.
If you wait too long, you may lose your right to sue the at-fault driver. We recommend that you engage a lawyer as soon as possible to secure your right to compensation.
How much is my car accident injury worth?
A claim’s value is based on many factors. These factors fall into legal categories called “heads of damages” that set out the types of damages that may be recoverable in a lawsuit.
The severity of your injuries is a major factor in valuing your claim. Our clients’ injuries range in severity, from whiplash and soft-tissue injuries, to broken and fractured bones, to more severe injuries such as traumatic brain injuries, paraplegia and quadriplegia. We also help people who suffer from chronic pain and psychological injuries such as PTSD.
You can use our Injury Claim Calculator to learn more about how to evaluate your claim.
You may also have access to Section B insurance benefits following an accident. These benefits are paid by your own insurer in the event of a motor vehicle accident, and cover reasonable and necessary treatment costs, as well as some other associated costs, regardless of who is at fault for the accident.
When you’ve been injured in a car accident, Section B insurance provides up to $50,000 in coverage for medical and rehabilitation expenses, such as physiotherapy, massage, chiropractic, and nursing care. If you’re unable to work due to your accident injuries, Section B provides coverage towards your lost wages up to a maximum of $250 per week. If you’re unable to perform household duties due to your accident injuries, Section B insurance provides $100 per week in housekeeping benefits for up to 52 weeks. In the event of a death of a loved one, Section B provides up to $2,500 in funeral expenses and death benefits up to $25,000.
Like each person, each case is unique. The best way to learn the value of your claim is to contact an experienced personal injury lawyer who can ensure you receive fair compensation.
COMMON QUESTIONS ABOUT ACCIDENT INJURIES
If you can’t find the answer you’re looking for on our website, send us a message.
- Should I accept the settlement my insurance company offers me?
- Do I have to make a statement to my insurance company?
- How is fault determined in a car accident?
- Can I sue if I was hurt by an uninsured driver?
- Can I sue if I was injured in a hit and run?
- Can I sue if a loved one was killed in a car accident?
- Can I sue if I was injured in an ATV, snowmobile, or boat accident?
Can I sue if the driver who injured me doesn’t have insurance?
If you are injured by a driver who doesn’t have insurance, your own insurance policy will protect you against these losses. You will not be penalized for the other driver’s decision to drive uninsured. This coverage stems from Section D of your auto insurance policy in Nova Scotia.
Can I sue if I was injured in a hit and run and the driver is unidentified?
If you are the victim of a hit and run accident, you can still recover compensation for your injuries, even though you do not know who injured you. Your insurance policy protects you against losses suffered because of an unidentified driver. In Nova Scotia, you are covered for this loss under Section D of your auto insurance policy.
Can I sue if a loved one was killed in a car accident in Halifax?
In the case of a fatal car accident, a loved one’s right to compensation depends on their relationship to the deceased. If you’ve lost a family member in a car accident in Halifax resulting from another person’s negligence, you may be eligible for compensation. In Nova Scotia, a spouse, common-law partner, parent, or child can pursue a claim for wrongful death under Section 5(1) of the Fatal Injuries Act.
How long do I have to file a wrongful death lawsuit in Nova Scotia?
In Nova Scotia, you must file a wrongful death claim within 12 months of the date of death. Speak with an experienced personal injury lawyer to determine your eligibility and ensure that your rights are protected. You can learn more about fatal injury lawsuits here.
Common types of collisions
As a growing city, Halifax faces issues of traffic and congestion. We represent people who have been injured in many different types of motor vehicle collisions in Halifax, including:
- Head-on collisions
- Rear-end collisions
- Side swipes and collisions during a lane change
- T-bone collisions
- Collisions with objects or animals
- Hitting a parked car
- Run off the road by another vehicle
- Vehicle rollovers
- Being hit when turning left into traffic
- Cyclist accidents
- Pedestrian accidents
If you have been injured in an accident and need help determining who is at fault and what compensation you are entitled to, contact us for a free consultation. We serve clients throughout Halifax Regional Municipality from our Downtown office on Agricola St. We can also meet by phone or virtually.
Have questions for our team?
Frequently Asked Questions
- How can I help my personal injury lawsuit to get the best settlement?
- 7 steps to take after a car accident to help your injury claim
- How can a lawyer help with my personal injury claim?
- Can you sue a driver whose identity or insurance details are unknown?
- Is the parking lot 50/50 myth true?
- Can I sue if I was in a car accident at work in Nova Scotia?
- Can apologizing after an accident impact your claim?
- Am I covered by insurance if I was driving someone else’s car?
- Can I still sue if I wasn’t wearing a seatbelt?
- Can I sue my rideshare (Uber, Lyft) driver?
- What is whiplash?
MacGillivray Law is a personal injury law firm with offices in Nova Scotia, New Brunswick, and Newfoundland and Labrador. We serve clients all across Canada.
If you cannot travel to one of our offices, we will accommodate your circumstances and travel needs. We can provide a consultation by phone, Zoom, or FaceTime, or travel to meet you in your home when required.
If you would like to learn your legal options at no obligation, contact us today to set up a free consultation.