Dartmouth Car Accident Lawyer

Understanding How Fault and Personal Injury Law Claims Work After Motor Vehicle Accidents

Located on the shores of Halifax Harbour, Dartmouth is known for its scenic views, vibrant community, and its many lakes. The city is home to more than 70,000 residents and attracts many tourists who come to experience all that Dartmouth has to offer. An unfortunate side effect of all of that activity is the increased traffic on busy roads like Highway 111 and Wyse Road, and the city sees hundreds of car accidents every year.

While Canada’s public health care system often covers the majority of a victim’s medical expenses after a crash occurs, you could still be left with other accident-related costs, such as therapy or rehabilitation costs that are not covered, and lost income from time off work while you recover. Understanding your rights after a car accident is important when determining if and how you can recover financial compensation from the at-fault driver.

At McKiggan Hebert Lawyers, our legal team understands that this can be a challenging and confusing time, and we are here to help. Call 902-706-2298 to learn more about how our Dartmouth personal injury lawyers can guide you through this process or set up a case evaluation to discuss your potential next steps.

Can You Pursue a Personal Injury Claim After a Car Accident?

If a driver’s negligent actions caused the accident, injury victims may be able to pursue a claim. However, it is important to understand how Nova Scotia’s no-fault accident benefits work and how they can interact with fault-based personal injury claims. In Nova Scotia, every auto insurance policy must provide Section B benefits, also known as no-fault benefits.

After an accident, you can file a claim for Section B benefits with your own insurance company regardless of who is at fault for the crash. These benefits are generally limited to up to $50,000 for expenses related to medical care and rehab costs, but they can also replace part of your lost income and provide money for some other accident-related expenses. Claims for Section B benefits have to be filed promptly to be within the deadline, so it is important to discuss this option with a lawyer as soon as possible after the accident.

If your expenses go beyond the limits of Section B benefits, a personal injury claim provides a way to seek additional compensation. These two systems are separate, which means you can receive both Section B benefits and damages awarded from a personal injury claim. A lawyer can help you determine whether you have grounds for a personal injury lawsuit, how to structure your claim, and what benefits to use to maximize the potential compensation.

How Is Fault Determined in Car Accidents?

If you are pursuing a fault-based claim after a car accident in Dartmouth, Nova Scotia it is important to understand how fault is determined and how it can affect the amount of compensation you could receive. While Section B benefits allow victims to recover some compensation regardless of fault, fault is a significant factor in the legal process of a personal injury lawsuit.

In general, a driver is found at fault for an accident if they violate the rules of the road and if that violation was the main cause of the crash. However, it is common for accidents to involve multiple factors, which can make determining fault more difficult.

When the victim files a personal injury lawsuit in the civil court system, the court must determine who contributed to the accident and the percentage of responsibility. These cases often rely on:

• Accident reports
• Statements from the drivers and witnesses
• Dashcam or security footage that shows the accident or the events leading up to it

Your lawyer may also use expert witness testimony to support your claim, whether that is regarding who was at fault for the accident or the extent of your injuries and future care needs.

What Happens When More Than One Person Is at Fault?

When more than one person may be at fault for a car accident, the victim can seek compensation from each at-fault driver. However, if the victim is found partially at fault for the accident, the amount of compensation awarded changes.

If a victim’s actions also contributed to the car accident, the amount of the compensation they are awarded can be decreased by their fault percentage. Looking at an example can help this make more sense. If the victim is awarded $80,000 but is 30 percent at fault for the accident, the award is reduced by 30 percent to $56,000. Fault percentages can have a significant impact on the value of your case, and it is an important point to discuss with your lawyer to ensure you understand what to expect before moving forward.

Is There Anything That Is Not Taken Into Consideration When Determining Fault?

All relevant factors are considered. Even if the weather was bad or visibility was poor, the other driver could still be found liable for the accident as drivers are expected to adapt to conditions. Unfortunately, many victims do not pursue claims because they assume that there is nothing to be done. Our firm can explain the legal process of a personal injury lawsuit after a car accident and what your options are for recovering compensation.

How Do You Recover Compensation or Damages From an At-Fault Driver?

When a motor vehicle collision happens, the injured accident victim has several options for seeking financial compensation. First, they have the option of filing under the no-fault provisions of their own insurance plan. These no-fault Section B benefits provide immediate reimbursement for uncovered medical expenses as well as limited income support.

All injured persons have the option of a personal injury lawsuit in civil court, which can help you recover the full amount of your losses, including nonpecuniary damages like pain and suffering. While these claims require filing a civil lawsuit, that does not mean you will actually have to go to trial. The vast majority of civil claims involving motor vehicle collisions are settled out of court. A personal injury lawyer can represent you during negotiations and help you determine what a fair settlement offer is.

What Is the Time Limit for Filing a Car Accident Claim?

The Limitation of Actions Act specifies how much time victims have to file a claim related to an accident or injury. Most personal injury claims must be filed within two years of the date the claim is discovered or reasonably should have been discovered.

There can also be exceptions to the limitation period if the victim was a minor at the time of the accident or was mentally or physically incapable of filing the claim. A shorter limitation period of one year applies to accidents involving a municipal bus or other municipal vehicles. 30 days notice must be given to a provincial government or municipality before a lawsuit is commenced against them. Insurance companies may also have shorter reporting deadlines for reporting accidents and making a claim. Talking with a lawyer immediately after the accident can ensure you are aware of any applicable deadlines and that your claim is filed within the required time.

What Should You Do After a Car Accident in Dartmouth?

In the moments after a car accident, adrenaline floods your body as you prepare to escape the danger. This can lead to feelings of dissociation, difficulty remembering what happened, and a sense of shock. When you or someone else is seriously injured, it can make it even more difficult to know what to do next. While the immediate first step is always to ensure the safety of everyone involved by contacting emergency services and seeking medical attention, what happens in the days and weeks after the accident can impact your claim.

Document the Accident

When a major car accident happens, either those involved or a witness generally calls emergency services to report the accident and ensure that police and paramedics are dispatched as necessary. The officers will document the accident and potentially begin the investigation to determine what happened and whether anyone was driving while impaired.

It can be tempting not to get the police involved if it looks like a minor fender bender where no one was injured. But it is still critical to officially document the accident to ensure that there is a report on file and that you know who was involved. It is not uncommon for car accident victims to think they are fine initially because adrenaline can mask pain and symptoms of injuries. Some types of serious injuries, such as whiplash or internal injuries, may also not be immediately apparent. Having police respond to the accident ensures there is an official record if you later realize you were injured and want to file a claim.

After you give your statement to the officer, it can also be helpful to write down everything you can remember leading up to, during, and after the accident so you can provide the information to your lawyer. It can be difficult to recall these memories later on, and having a written record can help. You will also need to report the accident to your insurance company and in some cases to the police.

Avoid Admitting Fault or Talking About the Accident

One of the most common mistakes we see victims make is to admit that they were or may have been at fault for the accident. For example, you may believe you were at fault for the accident because you were driving a bit over the speed limit, but you may not know until days later that the other driver was actually driving while under the influence of alcohol. Any statement you give to the police should be purely based on facts. Do not speculate or say what might have happened.

It is equally important not to discuss the case with others, even close family and friends, or post about it on social media as there is a possibility you could file a claim later on. These statements can be used against you and affect your ability to pursue compensation. If you are not sure if you can discuss something related to the accident, a lawyer can provide more guidance.

Contact a Personal Injury Lawyer

Meeting with a lawyer as soon as possible after the accident can ensure you know what your rights are and what benefits working with a personal injury law firm can offer. It is especially important to talk with a lawyer if you suffered serious injuries or there is a dispute about who was at fault for the accident. Our lawyers have helped countless personal injury clients in Dartmouth and the surrounding areas, and we can advise you on whether you have a fault-based claim and how to pursue financial compensation.

If you were injured in an accident in Dartmouth, Nova Scotia, contact the personal injury team at McKiggan Hebert Lawyers at 902-706-2298. We offer potential clients a free consultation where we can discuss your case and what legal options may be available to you.