What Evidence Can Strengthen a Car Accident Injury Case in Nova Scotia?

Can You Prove the Other Driver was Responsible for a Car Accident?

Suppose you are injured in a car accident in Nova Scotia. What evidence will you need to prove the other driver was negligent and recover compensation for your related losses? After a doctor treats you, consult a Halifax car accident lawyer as quickly as possible.

It is not unusual to sustain an injury in a Nova Scotia car accident. More than 5,000 traffic accidents take place in Nova Scotia each year! If a negligent driver is responsible for your injuries in a car accident, how can you prove it and recover the compensation you deserve?

No lawyer will be at the accident scene to advise you (although our lawyers have passed by several accidents, we never stop to offer legal advice at the scene, however, you can take these 5 steps at the scene to set yourself up for success with a personal injury claim.

What Should You Do at a Car Accident Scene?

Take these steps immediately after a car accident in Nova Scotia:

1. Call for medical help and the police. This is the first priority. Even if you do not feel injured, obtain a medical exam within the next 24 hours if possible. You should also obtain a copy of the police accident report as soon as it is available.

2. Get as many details as you can from the other motorist: name, phone number, address, email, vehicle registration and driver’s license numbers, the other driver’s insurance policy number, and their insurance company’s name, phone number, and address.

3. Take photographs or video of the general accident scene, the vehicles, and your visible injuries. Get a picture of the other vehicle’s license plate number so that it may be seen clearly.

4. If anyone else saw the car accident, ask for their names and contact details. If you file a personal injury claim, your Nova Scotia car accident lawyer may need their eyewitness testimony or statements.

5. Depending on your car insurance, you may be required to notify your insurance company of an accident in forty-eight hours or less. Make the call brief. Provide no formal statement. The requirement is to “notify” the insurance company and nothing more.

What Will Your Car Accident Lawyer Do on Your Behalf?

Your Nova Scotia car accident lawyer will compile and evaluate the evidence to determine how you were injured and prove the other motorist was at fault. Your lawyer will scrutinize:

1. the police and medical reports;
2. eyewitness statements; and
3. any photographs or video of the accident.

The police report may offer details about the crash and the police officer’s own observations. Witnesses who saw the collision may confirm your account of what happened. If there are skid marks at the scene, a skid mark analysis can determine factors like braking distances and speeds. The “black box” or event data recorder from the vehicles involved can also provide useful information. Many cars also have dash cams, that can also help determine what happened.

Your lawyer can access phone records to determine if the other motorist was using a cell phone at the time of the collision. Your lawyer may also retain experts, like accident reconstruction engineers, to provide opinion evidence and testimony to substantiate your claim.

How Are Auto Accident Claims Settled in Nova Scotia?

In Nova Scotia, the injured victims of negligent drivers are entitled by law to monetary compensation for their current and projected out-of-coverage medical costs, lost earnings and other losses. The law presumes injuries are accompanied by pain and suffering, so it also entitles victims of negligence to compensation for their pain and suffering.

Lawyers in Nova Scotia resolve most personal injury claims with out-of-court settlements. However, if the insurer for an at-fault driver does not make a reasonable settlement offer, or disputes liability for the crash, your Halifax car accident lawyer will take your claim to court.

In a personal injury trial, your lawyer will lead evidence to explain the mechanism of your injury and how seriously you were injured, show why the other driver should be held liable, and ask the court to find in your favor and award the compensation you need to restore you to the same position you would have been in had the accident not occurred.

What is the Deadline for Taking Legal Action?

In Nova Scotia, the 2015 Limitation of Actions Act gives injured car accident victims two years to take legal action. In certain cases, a court may extend Nova Scotia’s two-year deadline (for instance, if you sustain a latent injury that is not immediately detected). In cases of wrongful death and claims against municipalities, the deadline to start a lawsuit is as short as one year and advance notice may be required even before the one year is up.

However, your claim is more likely to succeed if you contact a personal injury lawyer immediately after a medical provider has examined, treated, and released you. Don’t wait one or two years and then decide at the last moment to file an injury claim.

Evidence deteriorates over time. Your Halifax personal injury lawyer needs to see the evidence in your case while it’s fresh (and before it can be lost, altered, or contaminated) and interrogate any witnesses before their memories fade.

What More Should Car Accident Injury Victims Know?

Do not answer any questions asked by the at-fault driver’s car insurance company. Do not provide any insurer with a written or oral statement, or sign any insurance documents without consulting with a car accident lawyer first. Any information you provide could be misunderstood or twisted and used against you.

If the other driver’s car insurance company contacts you, tell the company to contact your lawyer, who will do the talking and negotiating on your behalf.

Personal injury lawyers in Nova Scotia represent their clients on a contingent fee basis. If a negligent driver injures you, your first legal consultation is free. At our firm, if you proceed with an injury claim, you will owe no lawyer’s fees to McKiggan Hebert Lawyers until you are compensated.

Meet McKiggan Hebert Lawyers

If another driver injures you in Nova Scotia, seek legal representation immediately from a lawyer who knows how to gather and evaluate evidence after a car accident. McKiggan Hebert Lawyers have decades of experience and a record of success fighting for the injured victims of negligence.

The award-winning lawyers at McKiggan Hebert know what it takes to prevail with an injury claim after a car accident. If a negligent driver injures you, after you receive medical treatment, call McKiggan Hebert Lawyers at 902-706-2298 for a no-cost, no-obligation case evaluation.

Let us advocate for the compensation you need and deserve after you’ve sustained an injury caused by someone else’s negligence. The team at McKiggan Hebert knows how to put the law to work for you.