Amherst Car Accident Lawyer

Pursuing Financial Compensation for Your Losses

Amherst is situated just east of the Nova Scotia and New Brunswick border and just a few kilometres from the Trans-Canada Highway. This location puts it close to commercial trucking routes and makes it a common stop for interprovincial travellers. It can also lead to increased traffic and an increased risk of car accidents.

While a car accident can happen and be over in a matter of seconds, victims often face months or years of recovery time and sometimes even permanent impacts on their daily living and quality of life. Medical appointments and ongoing care like physiotherapy can require time off from work and increased costs for the victim. While no-fault Section B benefits under your own auto insurance policy may cover some of these losses, a fault-based personal injury claim may help you recover full financial compensation if your losses go beyond the coverage.

After you have been involved in a car accident, it is important to understand what happens next and how you can get your financial losses covered. In some personal injury cases, there may also be a way to seek compensation for nonpecuniary or non-monetary losses, such as pain and suffering. Contact the personal injury law firm of McKiggan Hebert Lawyers at 902-706-2298 for a free consultation and to learn how a personal injury lawyer can represent you.

What Are Some Common Causes of Motor Vehicle Accidents?

Car accidents can happen for a variety of reasons, and understanding what went wrong can be an important step in determining who was at fault. Below are some of the most common factors that contribute to car crashes in Amherst and the surrounding areas.

Speeding

Excessive driving speed is a factor in around one-third of fatal accidents in Nova Scotia, making it one of the most dangerous driving behaviours. Whether someone is driving above the posted speed limit or driving too fast for road conditions, excessive speed can make it more difficult for the driver to react to what is happening around them or to changing road conditions.

Impaired Driving

When someone is behind the wheel of a car, they have a responsibility to ensure that they are as lucid and focused as possible. Driving under the influence of alcohol or drugs can significantly affect someone’s ability to drive safely and puts themselves and everyone else on the road at risk. An impaired driver may be more likely to speed, have difficulty staying in their lane, and have slower reaction times.

Alcohol and drugs are not the only kinds of impairment that can cause problems while driving. Fatigued driving is very common and can be just as dangerous. Many people do not think that being tired can impair their driving, and someone may not even be aware that they are too tired to operate the car safely. Tired drivers can veer off the road, fail to react to someone stopping in front of them, or even fall asleep at the wheel and lose control of the vehicle.

Distracted Driving

According to a report from the Nova Scotia Department of Public Works, distracted driving is a factor in approximately 80 per cent of car accidents. Today’s vehicles have a host of distractions that can take a driver’s focus. Texting while driving, eating, adjusting the GPS, or even just talking to passengers can be enough to distract a driver and cause an accident.

Weather and Road Conditions

Amherst is known for its sometimes challenging and often changing weather conditions. Whether it’s snow and ice in winter or heavy rain and fog in autumn, what’s happening outside can affect driving conditions and increase the risk of an accident. Road conditions can also play a role, with poorly maintained roads and construction making driving more hazardous.

Drivers are expected to adapt to weather and road conditions. This includes slowing down, leaving more space between their car and the car ahead, and braking and accelerating gently.

Regardless of why the accident occurred or what factors contributed, our personal injury lawyers can help you determine whether you have a fault-based claim and how to pursue compensation for your losses. We will walk you through how the evidence is considered and what to expect from each step.

How Do You Prove Liability After an Accident?

Determining liability after an accident can be complex, especially if there were multiple factors that contributed to the crash. Police officers and insurance adjusters often play a key role in the beginning of an investigation, but it can take weeks or even months for a final determination to be made. In general, if someone is found at fault for an accident, the victim can pursue a fault-based claim against them to recover damages. In a civil claim, however, specific elements of negligence must be proven.

The first is the duty of care. This is not usually a matter of debate in car accident cases because all drivers owe a duty of care to everyone else on the road. The second element is that the defendant breached that duty of care. This is where negligence comes in. A driver who is speeding, operating a vehicle while impaired or distracted, or running a stop sign breaches the duty of care to the other drivers.

The third element in proving liability is causation. This is where the plaintiff establishes the driver’s negligence as the cause of the accident. Defendants may argue that the plaintiff was wholly or partly responsible for the accident too. For example, a driver who ran into your vehicle from behind may argue that you stopped suddenly and that was what caused the accident instead of their speeding. A lawyer can help you present a strong argument here by relying on evidence, such as witness statements, dashcam video, or accident reconstruction reports, to show that the other driver was primarily, if not entirely, at fault.

The last element necessary to prove liability and pursue a personal injury lawsuit against another driver is to connect the accident to your injuries and losses. These can be pecuniary, which are the direct financial losses through expenses incurred and lost income, and nonpecuniary, which are intangible damages related to pain, emotional distress, and loss of quality of life. For a claim to be successful, the plaintiff needs to show that they would not have suffered these damages if not for the defendant’s negligence.

What Types of Losses or Damages Can Victims Seek Compensation For?

Before you can decide whether you want to move forward with a lawsuit, it is important to understand what damages you can recover and what your claim may be worth. Damages for personal injury claims for car accidents in Amherst are generally divided into two categories.

Pecuniary Damages

Pecuniary damages are for measurable financial losses that were a direct result of the accident. While these include uncovered medical expenses related to physical injuries, such as physiotherapy or chiropractic care, they can also include lost income and inability to perform household chores and tasks.

When someone suffers serious injuries as a result of a car accident, they may need extensive time off work or not be able to return to their previous profession at all. A personal injury claim provides a way to seek compensation for those losses. Other potential pecuniary damages include out-of-pocket expenses related to medical care, such as travel expenses or assistive devices, and reimbursement for property damage.

Nonpecuniary Damages

You may have heard a lawyer talk about pain and suffering after an accident. These intangible losses can be compensated with general damages. The law refers to these damages as nonpecuniary damages because they are not intended to reimburse you for a financial or money loss and the loss cannot be measured in a monetary way in the same way as a medical expense can be proven by showing a receipt. Examples of potential nonpecuniary losses include physical pain, emotional or psychological distress, and loss of enjoyment of life. Even though they cannot be mathematically calculated, these losses are very real.

Nonpecuniary damages can be challenging to value, and the law caps how much you can receive. Working with a lawyer can help you determine how your injuries and the aftermath of the car accident are affecting your daily life. They can also reference comparable cases to identify what those damages may be worth and how they factor into the claim as a whole.

Will You Have to Go to Trial?

Many people are hesitant to pursue a fault-based personal injury claim because they do not want to go through the time and legal process of a trial. However, taking a case to trial is generally considered a last resort, and the majority of personal injury cases in Nova Scotia are settled out of court.

Our Amherst personal injury lawyers are skilled negotiators, and we know how to put together a strong claim that encourages the other party to settle. We start by reviewing evidence, such as medical records, treatment plans, pay stubs, and accident reports, to get a better understanding of what happened, who is at fault, and what the victim’s damages may be worth. We will also consider long-term impacts from the accident, such as whether the victim will need ongoing care or if their injuries affect their future earning capacity.

In many situations, it is the other party or the insurance company who starts the negotiation process by offering a settlement. However, this initial offer is often far below what the claim is actually worth. A lawyer communicates directly with the insurance company and its legal team to negotiate a fair settlement, whether that is through informal talks or more structured mediations or judicial settlement conferences.

While we strive to settle cases out of court and as quickly as possible, it is important to be prepared for the possibility of a trial. This can happen when there are disputes about liability or the victim’s condition is still evolving, which can be common with severe injuries. These issues can make it more difficult to accurately value the claim and arrive at a fair settlement number. If we do need to take your case to trial, our lawyers will explain what that process entails and what to expect.

Why Is It Important to Work With a Personal Injury Lawyer After an Accident?

After a car accident, your priority should be on your healing and recovery. But when you have to navigate insurance claims, communicate with the other party’s legal team, and determine your next steps, it can get overwhelming. The team at McKiggan Hebert Lawyers is here to ensure that you have a knowledgeable guide and strong legal advocate on your side. We help injured clients navigate the aftermath of a car accident and determine potential next steps for pursuing financial compensation through a personal injury claim.

A car accident can change your life, and victims who have been injured by someone else’s negligence should receive compensation for their injuries. Our firm’s professional services can help you understand what you may be entitled to and how to pursue a fault-based claim. Meet with one of our dedicated personal injury lawyers to discuss our legal services and how we can help you negotiate a fair settlement for your claim or take your case to trial. Call McKiggan Hebert Lawyers at 902-706-2298 to get started.