Personal Injury Lawyer for Kentville & Wolfville
Providing Experienced Legal Guidance to Injury Victims
Kentville and Wolfville are two picturesque towns in the heart of Annapolis Valley, Nova Scotia. Residents and tourists alike enjoy the rural, small-town atmosphere, whether that is shopping at local businesses downtown or connecting with nature by walking the trails at the Kentville Ravine. However, a fun day enjoying the scenery can quickly turn into a nightmare when an accident occurs.
Any accident, whether it is a car crash or a slip and fall, can lead to serious injuries and devastating financial outcomes. If you have been injured in an accident in Kings County and you need information on potential next steps, our lawyers can help. We can review what happened to determine whether you may have a personal injury claim and explain what is involved in pursuing compensation. Get help understanding your rights and options when you call McKiggan Hebert Lawyers at 902-706-2298.
What Kinds of Accidents Can Lead to Personal Injury Cases?
Sometimes, accidents are just that, but when someone else’s negligence causes an accident, the victim may have legal options to pursue compensation. If you were injured in one of these common accidents, a lawyer can help you determine if you have a case.
Motor Vehicle Accidents
Truck and car accidents result in thousands of injuries every year in Nova Scotia. Truck accidents can happen on major roads like Trunk 1, Trunk 12, and Highway 101 that connect Kentville and Wolfville to the surrounding areas, and car accidents are common in the bustling downtown districts and tourist areas. Motor vehicle accidents can also involve cyclists and pedestrians, often leading to devastating injuries. Whether a driver was speeding, impaired, or just not paying attention, injured victims may be able to pursue compensation through a personal injury claim.
Premises Liability
The Occupiers’ Liability Act makes it clear that property owners have a responsibility to take reasonable steps to prevent injury to others arising from known risks. Slip-and-fall accidents are among the most common types of premises liability claims, and they often occur when store owners fail to clear ice and snow in winter or to properly warn patrons about wet floors or slippery conditions. If there is evidence that the property owner was aware the hazard existed and did not take reasonable steps to address it, they could be held liable in a fault-based claim.
Medical Malpractice
Healthcare providers have a duty to ensure they provide the accepted standard of care to all patients. When a doctor or other healthcare provider is negligent, and a patient is harmed, medical malpractice law allows the patient to file a claim against the healthcare provider or, in some cases, the facility itself. These cases are complex and can require extensive documentation and expert medical opinions, and it is important to work with a lawyer who can help you validate and prepare your claim.
How Do Personal Injury Claims Work?
Many of our clients come to us unsure how to file a legal claim after an accident, or even whether they have a case. Our process starts by ensuring you understand all of your options and walking you through what to expect if you decide to move forward.
The first step we take is to gather all of the documentation and evidence available. This includes medical records related to the accident and any documentation that shows when and where the accident occurred and what happened, such as a police report or an incident report.
We can then sit with you once we have the details of the case together to discuss whether you have grounds for a claim and explain what other evidence you may need. For example, we may request more records or look for an expert witness who can provide more evidence regarding your injuries and the impact they are likely to have on your daily life moving forward. If you are filing a wrongful death claim after a fatal accident, this may require more specific documentation.
Filing a statement of claim with the court starts the actual legal proceeding for a personal injury lawsuit. Settlement negotiations often take place before a formal lawsuit is filed. A lawyer can communicate with the insurance company and negotiate on your behalf so you can focus on your healing and recovery. If an agreement can’t be reached, the case proceeds to litigation.
What If They Say You Were Partially at Fault?
Insurance companies commonly try to put the blame for an accident on the victim to avoid having to pay or to minimize the amount. For example, in a car accident claim, the insurance company may try to argue that you were partially at fault because you were speeding. Even if this is true, you may still be able to recover compensation. Accidents happen for a variety of reasons. It is very common for there to be multiple contributing factors, which is why the law has a way of accounting for this.
In Nova Scotia, victims who were partially at fault for an accident can still seek compensation. Instead of barring victims from being able to file, the court simply reduces any compensation awarded by the victim’s percentage of fault. For example, if the victim is determined to be 30 percent at fault for the accident, the compensation awarded is decreased by 30 percent.
Don’t let an insurance company scare you into accepting a low-ball settlement offer just because you may share fault. Our lawyers can explain how shared fault works in personal injury cases and even challenge the insurance company’s fault assessment.
What Is the Limitation Period for Personal Injury Lawsuits?
Many victims are not aware that there is a certain limitation period to be able to start legal proceedings in a personal injury case. In Nova Scotia, you generally have two years after the date of the injury or the date the injury was discovered, whichever is later, to file a claim, but there are some exceptions.
There may be longer limitation periods if the victim was a minor at the time of the injury or if they were mentally or physically unable to file. Claims made against government entities may have shorter limitation periods (typically one year) and may require that you give notice that you plan to file the claim. For personal injury claims a court could extend the limitation period, but it is not guaranteed. So even if you think you have missed the limitation period, consult with a personal injury lawyer right away.
A lawyer can help you determine when the limitation period began for your injuries and whether any exceptions apply to your case.
McKiggan Hebert Lawyers is a personal injury law firm serving Kentville, Wolfville, and the surrounding areas in Nova Scotia. If you’ve been injured in an accident and you’re not sure what happens next, call our office at 902-706-2298 for a free consultation.
