New Brunswick

Personal Injury Lawyers Helping the Injured Secure Compensation in the Province of New Brunswick

New Brunswick Personal Injury Claims and Lawsuits

A personal injury claim can arise whenever someone suffers an injury due to someone else’s negligence. When this happens, the victim has the legal right to file a personal injury claim against the at-fault party in order to recover compensation for their injuries.

Don’t assume you will be compensated because you filed a claim. Recovering compensation can be challenging, which is why you should seek help from an experienced personal injury lawyer at McKiggan Hebert Lawyers.

After an accident, we want our clients to focus on recovering from their injuries while we handle every aspect of their personal injury claims. We know what it takes to win. In fact, our lawyers have successfully recovered millions of dollars in compensation for injured clients. If you have been injured, don’t hesitate to reach out to our team today to discuss your case. Schedule a free consultation with us by calling (902) 706-2298 today.

Proving Negligence in a Personal Injury Case

The duty of care is an important concept that underpins personal injury law in Canada, including Nova Scotia. It refers to the legal obligation that individuals, organizations, and businesses have to avoid causing harm to others. For instance, motorists owe a duty of care to other road users to drive safely and responsibly. Property owners owe a duty of care to visitors to keep their premises safe and free from hazards such as slippery floors or faulty stair railings. Medical professionals owe a duty of care to their patients to provide treatment consistent with accepted medical standards.

When determining whether a duty of care exists, courts typically ask if the relationship between the plaintiff and defendant is sufficiently close (or “proximate”) to create an obligation to avoid harming the plaintiff. Courts also consider whether imposing such a duty is fair and whether public policy supports it. If the defendant had the type of relationship with the plaintiff, that would normally require them to act with care. If it is foreseeable that any negligence might cause harm, then a duty of care is likely to be established.

Once a duty of care has been established, the plaintiff must show that the defendant breached that duty by failing to meet the standard of care required. For example, a driver texting behind the wheel and causing a collision may have breached their duty of care by not paying proper attention to the road.

Proving a breach of the standard of care does not automatically win a case. Plaintiffs must also prove that the defendant’s breach directly caused the injury and that the injury led to the damages claimed. In Canadian courts, the standard of proof in a civil case is the balance of probabilities. This means the plaintiff must show that their version of events is more likely true than not.

Gathering evidence to meet this burden of proof is where an experienced personal injury lawyer can make a significant difference. They can help collect medical reports, eyewitness testimonies, accident reconstruction analyses, or expert opinions, all designed to show how the defendant’s breach of duty caused the injury. Meeting the burden of proof can be complex. Without a lawyer’s guidance, it can be easy to overlook critical details that could influence the success of a personal injury claim.

What Compensation Can You Claim?

  • Medical Expenses
  • Medical expenses are one of the most significant financial burdens faced by those who have been injured. These can include:
  • Costs of ambulance services
  • Emergency room visits
  • Surgery costs
  • Post-operative care
  • Prescription medications
  • Physical therapy and rehabilitation
  • Psychological counselling
  • Mobility aids and home care

Medical Expenses

When seeking compensation for your medical expenses, it is essential to keep detailed records of all associated costs and receipts. If future treatments, surgeries, or long-term care are required, expert medical opinions can help estimate how much these services will cost, ensuring that any settlement or court award reflects the ongoing nature of future treatment needs.

Lost Wages and Loss of Future Earnings

Personal injuries often result in time away from work—time that is frequently unpaid. If your injury keeps you off the job, you may be entitled to claim lost wages. Moreover, if the injury has a lasting impact on your capacity to work, you may also claim damages for loss of future earnings or diminished earning capacity.

In some cases, injuries could force a career change if the victim is no longer capable of performing the same type of work. Such injuries could result in reduced income, retraining costs, and other economic challenges. Demonstrating these losses typically involves evidence of your earning history, medical reports explaining your functional limitations, and expert opinions on your capacity to return to employment.

Pain and Suffering

In addition to financial losses, Canadian courts recognize that serious injuries cause non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages are not as straightforward to quantify as lost income or medical bills since pain and suffering can manifest differently from person to person. In Nova Scotia and across Canada, courts use various factors to determine an award for pain and suffering, including the severity of the injury, the impact on the plaintiff’s everyday life, and any ongoing limitations or disability.

There is a cap on non-pecuniary damages for pain and suffering in Canada established by the Supreme Court of Canada. However, this cap is periodically adjusted for inflation, and exceptions may apply depending on the specifics of a case. A skilled personal injury lawyer can help ensure that you pursue the maximum compensation to which you may be entitled under Canadian law.

The Role of Insurance in Personal Injury Cases

Insurance is integral to personal injury cases in Canada. Most people involved in a personal injury matter—whether it’s a car accident or a slip and fall—will interact with an insurance company at some point. Insurance providers can have a significant influence on how quickly claims are resolved and the final amount of compensation.

How Insurance Companies Assess Claims

Insurance companies investigate claims to determine liability and the extent of damages. They often employ adjusters and investigators to:

  • Review police reports and medical records
  • Examine photographs of damage or injuries
  • Interview witnesses
  • Look into medical histories to see if the injury might be partly attributable to a pre-existing condition

Despite the fact that insurance is meant to help those who are injured, it is important to remember that insurance companies are businesses with a vested interest in minimizing payouts. Adjusters may try to settle claims quickly and for less than what you might truly deserve, especially if they sense that you do not have legal representation.

Tips for Dealing with Insurers

  • Document Everything: Keep a record of all communications, including letters, emails, and phone calls with your insurance company or the insurer of the at-fault party. Detailed documentation can help clarify points of contention later on.
  • Be Cautious with Statements: Insurance adjusters sometimes ask for recorded statements that may be used against your interests. It’s advisable to speak with a lawyer before giving any statements.
  • Don’t Accept the First Offer: Early offers are often lower than the full value of your claim. Consider consulting a lawyer before agreeing to any settlement.
  • Know Your Rights: Familiarize yourself with the terms of your insurance policy and relevant legislation, such as the Insurance Act (Nova Scotia), R.S., c. 231, s. 1, which governs many aspects of insurance law in the province.

By following these tips, you can avoid common pitfalls when dealing with insurers and help ensure that you receive fair compensation.

Legal Deadlines and Filing a Lawsuit

If an insurance settlement cannot be reached, or if the at-fault party’s insurer refuses to offer a fair amount, filing a lawsuit may become necessary. However, personal injury lawsuits in Nova Scotia are subject to strict deadlines, and missing these deadlines can potentially bar you from recovering any compensation at all.

Limitation Periods Under Nova Scotia Limitation of Actions Act, S.N.S. 2014, c. 35

In Nova Scotia, the primary legislation outlining the time limits for filing civil lawsuits is the Limitation of Actions Act, S.N.S. 2014, c. 35. Under this Act, many types of civil claims, including personal injury claims, must be commenced within two years of the date on which the claim is discovered. A claim is generally considered to have been discovered on the date that the plaintiff knew, or ought reasonably to have known, about the injury and that the defendant’s actions or inactions caused or contributed to it.

Failing to file within the two-year limitation period can mean forfeiting your right to pursue compensation, which is why it’s essential to consult with a lawyer as soon as you suspect you might have a claim. The lawyer can help you determine when the clock started running on your claim and what steps need to be taken to protect your rights.

Exceptions to Time Limits

There are limited exceptions to the two-year limitation period. For instance, if the injured individual is a minor or legally incapable of commencing a lawsuit, the limitation period might be extended. Another exception may apply if the injury or its cause was not reasonably discoverable until a later date. However, these exceptions can be narrow, and courts generally interpret limitation periods strictly.

The complexity of determining whether an exception applies is another reason to seek legal counsel. A personal injury lawyer can assess the specific facts of your case, ensuring that your claim is filed in a timely manner and that all potential exceptions are explored.

Key Legislation Impacting Personal Injury Law

Personal injury law in Nova Scotia is shaped by several statutes, each of which can have important implications for how a claim is pursued and resolved. Two of the most relevant legislative frameworks are the Occupiers’ Liability Act (Nova Scotia), R.S., c. 31, s. 1 and the Insurance Act (Nova Scotia), R.S., c. 231, s. 1.

Occupiers’ Liability Act (Nova Scotia), R.S., c. 31, s. 1

This Act outlines the responsibilities of occupiers (e.g., property owners, tenants, or those responsible for managing a property) to take reasonable care to ensure that visitors are safe while on the premises. Under this legislation, an occupier’s duty may involve regularly inspecting the property for hazards, adequately warning visitors of potential dangers, or fixing any unsafe conditions within a reasonable timeframe.

For example, if a shopper slips on a wet floor in a grocery store because the store failed to place warning signs or mop up the spill promptly, the Act may come into play. To succeed, an injured plaintiff would need to show that the occupier breached their duty of care, resulting in the injury.

Insurance Act (Nova Scotia), R.S., c. 231, s. 1

The Insurance Act governs the way insurance contracts are formed, interpreted, and enforced in Nova Scotia. This legislation may dictate minimum insurance requirements for certain activities (such as operating a motor vehicle) and provide guidelines for how insurers handle claims, set premiums, and resolve disputes.

If an injury occurs in a motor vehicle accident, the Insurance Act might regulate how benefits are paid out and what compensation can be claimed. It also sets guidelines for dealing with issues like coverage limits and the conduct of insurers when adjusting claims.

Understanding the scope of these statutes—and knowing how they interact with one another—is crucial for anyone pursuing a personal injury claim. Lawyers who focus on personal injury law will already be intimately familiar with these regulations and can use that knowledge to build a robust case on your behalf.

Maximizing Your Settlement

Insurance companies have extensive resources and expertise, and they often aim to settle claims quickly and cheaply. Personal injury lawyers even play the field by bringing their legal knowledge and negotiation skills to the table. Lawyers understand the range of damages you may be entitled to claim, including not just medical costs and lost wages but also intangible losses like pain and suffering.

By building a strong case—supported by detailed evidence, expert reports, and in-depth legal knowledge—your lawyer can persuasively argue for a higher settlement. If negotiations fail, a lawyer can take the matter to court, ensuring that a judge or jury hears your case in full. In many instances, the mere fact that you have a lawyer working on your behalf signals to the insurance company that they must make a fair offer or risk a costly trial.

Car Accident Lawyers in New Brunswick Recovering Compensation For the Injured

Far too many people are injured in car accidents every year in New Brunswick. Sadly, many of these accidents are caused by negligent drivers, which means they could have been prevented. If you were injured in an accident caused by a negligent driver, you may have the right to file a personal injury claim to recover compensation for your injuries.

The auto accident lawyers at McKiggan Hebert Lawyers understand how a crash can completely disrupt your life. We know how your injuries can impact you physically, emotionally, and financially. This is what motivates us to work tirelessly to ensure you are fully compensated for your injuries.

Our lawyers have decades of experience fighting for clients who have suffered injuries in car accidents caused by negligent drivers. Let us fight for you.

Medical Malpractice Lawyers Seeking Compensation For the Injured in New Brunswick

Healthcare professionals should help their patients get better, not worse, but unfortunately, many healthcare providers make negligent mistakes that seriously injure their patients. This is called medical malpractice. If you are a victim of medical malpractice, it’s in your best interest to discuss your right to compensation with a personal injury lawyer at McKiggan Hebert Lawyers.

There are many different types of medical malpractice. Some of the most common types include:

  • Misdiagnosis
  • Failure to diagnose
  • Administering the wrong prescription medications
  • Surgical errors
  • Birth injuries

Our team of medical malpractice lawyers understand how devastating it is to suffer injuries at the hands of a healthcare provider. This is why we work tirelessly to reach the best possible outcome for each and every one of our clients. Contact our law firm today to learn more about how we can help you secure compensation for your injuries.

Slip and Fall Accident Lawyers Obtaining Compensation For the Injured in New Brunswick

A slip and fall accident can happen on any public or private property in New Brunswick. Many slip and fall accidents occur as a result of a property owner’s failure to maintain safe conditions on their property. If you were injured due to a hazardous condition on someone else’s property, you may have the right to file a premises liability claim to recover compensation for your injuries.

To win your case, you must be able to prove that the property owner was negligent. Doing this is not easy—especially if you don’t have an experienced lawyer on your side. That’s why it’s in your best interest to seek legal representation from the skilled premises liability lawyers at McKiggan Hebert Lawyers today. Let us help you get the compensation that you need to move forward.

Schedule A Free Consultation With Our Personal Injury Lawyers in New Brunswick Today

Have you been injured? If so, turn to the skilled personal injury lawyers at McKiggan Hebert Lawyers as soon as possible. Our lawyers have extensive experience representing clients in New Brunswick in a wide range of personal injury cases. In addition to the practice areas mentioned above, our firm also represents clients in personal injury cases involving:

  • Brain and spinal cord injuries
  • Birth injuries
  • Motorcycle accidents
  • Bicycle accidents
  • Truck accidents
  • Sexual abuse
  • Car accidents
  • Wrongful death
  • Priest abuse
  • Boy Scout abuse
  • Medical malpractice
  • Insurance claims

Our lawyers have the experience, resources, and knowledge to win the most complex personal injury cases. Discuss your legal rights and options with our personal injury lawyers today. To schedule a free consultation, call (902) 706-2298 today or submit your information using the form on this website.