Personal Injury Lawyer for Amherst claims

Building a Strong Personal Injury Claim After an Accident

Personal injury claims in Amherst, Nova Scotia involve many pieces, from determining how an accident happened and who is at fault to calculating your resulting losses. Whether you were injured in a car crash, a fall, or a medical procedure gone wrong, understanding how these claims work and what to expect can help you evaluate your options and prepare to move forward. Working with a personal injury law firm can provide valuable legal guidance and representation as you navigate the path ahead.

The dedicated personal injury lawyers at McKiggan Hebert Lawyers have helped clients in and around Amherst get the compensation they were entitled to after an accident. Call 902-706-2298 to speak to a member of our legal team about what we can do for you.

How Do You Determine an Accident vs. Negligence?

The truth is that accidents are part of life. Motor vehicle accidents occur every day in Amherst and the surrounding areas, and some situations are unavoidable even when all parties are exercising reasonable care. This is why the first step in determining if you have a personal injury case is to determine if someone’s negligence caused it or if it was truly just an accident.

An accident is an unexpected event that occurs without anyone else being fault. For example, if someone trips at the park because they did not see a piece of equipment in plain sight, that is mostly like an accident. If someone is using a swing that falls to the ground because it was poorly maintained and the chains break, that could be negligence.

Similar considerations arise for medical malpractice claims. There is always some inherent risk with injuries and illnesses, as well as the procedures and treatments associated with them. If someone suffers a known complication after providing informed consent and despite the doctor’s best efforts, this is different than if a doctor is negligent during the procedure and causes further harm.

A personal injury claim stemming from negligence is distinct from a true accident. The core difference lies in whether the incident could have been avoided by taking expected and reasonable precautions. If you are not sure if you have a claim, our lawyers can review your case and explain your options.

What Evidence Is Used to Support Personal Injury Claims?

Fault-based personal injury claims are based on evidence. The victim must show that the other party was at fault and that their actions caused the victim’s injuries and damages. Because personal injury claims generally involve injuries, medical records are key pieces of evidence. These reports can provide information on the cause of the injuries, the diagnosis, how long the victim is expected to take to recover, what ongoing treatments may be needed, and how the injuries will continue to affect their quality of life moving forward. Each of these elements can impact the monetary value of the claim.

For personal injury claims involving accidents, such as motor vehicle accidents or slips and falls, police reports or incident reports are critical. This documentation identifies who was involved and records each party’s account of the incident. There may also be photos or video footage, such as from dash cams or security cameras, that can show exactly what happened leading up to the accident.

In some cases, lawyers may rely on expert opinions as part of their cases. This could involve a medical specialist who can provide more specific information on how severe injuries may impact a person’s life and vocational experts who can talk about diminished earning potential. Accident reconstructionists are sometimes also used to help explain what happened during a car crash and who may be at fault.

How Are Situations Involving Shared Fault Handled?

Many victims are concerned they won’t be able to recover compensation after a car accident because they were partially at fault. In reality, shared fault situations are common, and they do not automatically prevent you from being able to recover damages. In Nova Scotia, the Contributory Negligence Act outlines how shared fault is handled when determining compensation.

While a victim who is partially at fault for an accident can still recover damages, the award they receive is reduced by their percentage of fault. Suppose a driver suffered serious injuries in a car crash and was awarded $100,000. However, they were also determined to be 10 percent at fault for the accident. The award is reduced by 10 percent to the lower value of $90,000.

Insurance companies often try to dispute fault to reduce the value of the claim. However, an experienced lawyer can push back and provide compelling evidence that accurately illustrates how the victim was at fault, if at all, to maximize the compensation.

Why Should You Seek Legal Counsel From a Personal Injury Lawyer for Amherst claims?

Pursuing a personal injury claim means gathering and organizing evidence, identifying potential experts, and communicating with the insurance companies. Getting a lawyer involved in your case as early as possible gives you a clearer understanding of your legal options and a partner who can work with you on strategy and other choices as you move forward with your case.

At McKiggan Hebert Lawyers, we represent clients in Amherst and the surrounding areas who have been injured due to someone else’s negligence. Our personal injury law firm offers free consultations where we can review your case and help you determine if you have a fault-based claim. Call 902-706-2298 to speak to a member of our team learn more about the legal services we offer.