Car Accident Lawyer in New Glasgow

Understanding How Liability and Compensation Are Determined After a Car Accident

New Glasgow, Nova Scotia is close to the TransCanada Highway 104 which means it gets plenty of traffic from travellers as well as locals. Whether an accident happens on the highway on your way to work or while you’re driving in New Glasgow’s historic downtown area, it can result in injuries, missed work, and other issues.

Understanding your rights as a victim after a car accident ensures you’re aware of all of your options and whether you have grounds for a fault-based personal injury claim. The New Glasgow car accident lawyers at McKiggan Hebert Lawyers can explain what happens in the days and weeks after a car accident in Nova Scotia and help you make informed decisions. We offer free consultations for prospective clients. Call 902-706-2298 to learn more.

What Can You Expect After a Car Accident?

When an accident happens, the first step is to make sure everyone is safe and that any immediate medical needs are taken care of. It’s always a good idea to be checked out by a doctor, even if you feel fine, as some injuries can take a few days to appear and adrenaline can mask pain and other symptoms. If the police were called to the scene, they would start their initial investigation, and you would also need to report the accident to your insurance company.

This report kicks off the next phase, which is when insurance companies begin investigating, talking to those involved, and trying to evaluate liability. This often happens very quickly, and it’s usually when victims are still recovering from injuries and the shock and trauma of the accident. If you’re asked to provide a statement, it’s important to discuss it with a car accident lawyer first to ensure you understand how what you say could affect your claim.

Within a couple of weeks of the accident, you’ll likely have a better idea of the full extent of your injuries and what treatment and follow-up care they may require. By that time, the insurance company may be offering an initial settlement, but it’s critical to ensure a lawyer reviews any offers before you accept. This initial offer is often much lower than what your claim could actually be worth, and once you sign, you may lose your right to file a personal injury case later on.

For those who have catastrophic injuries, the recovery process after a car accident can take months or even years. Healing isn’t a linear process, and it’s normal to have both good and bad days. As you learn more about your injuries and how they’re impacting your daily life, a lawyer can help you determine appropriate compensation and guide you through the process of a fault-based insurance claim or a personal injury lawsuit.

How Is Fault Determined in a New Glasgow Car Accident Case?

Personal injury law sets a specific standard for when and how someone is liable for an accident. To successfully win a lawsuit, you must be able to show that the defendant had a duty of care to you, that they breached that duty, that the breach was what caused your injuries, and that you suffered damages as a result.

Personal injury claims must prove that each of these elements was more likely to have happened than not. To do this, legal teams rely on police reports, witness statements, and other physical evidence, such as crash scene photos. Because you must prove that you suffered damages as a result of the accident, medical records also play a key role in these cases.

Personal injury lawyers use this evidence to establish your claim and illustrate that the defendant’s negligence was the cause of the accident and your injuries. However, organising a strong claim isn’t just about preparing for trial. In most cases, it’s possible to negotiate a fair settlement with the insurance company to avoid litigation. Our lawyers can help you through this process and advise you on whether to accept a settlement offer or move the case forward to trial.

Can You Still Seek Compensation If You Were Partially at Fault?

Many people assume that they can’t file a claim if they were partially at fault for the accident, but this isn’t the case. Car crashes often involve multiple contributing factors, and Nova Scotia allows victims who were partially at fault to seek compensation under the Contributory Negligence Act.

This act says that, while victims can still receive compensation in shared-fault accidents, the amount may be reduced in proportion to their fault. Consider this example. A driver runs a stop sign as you approach an intersection. They are clearly at fault. However, you were also going a bit above the speed limit, which made it harder to react in time and avoid an accident. In this case, fault is likely to be shared. Let’s say that you receive an award for damages of $60,000, but were 25% at fault. The award would be reduced to $48,750.

If you are facing a situation where fault is shared, it is essential to consult with an experienced personal injury lawyer. They can play a key role in helping you reduce your assigned fault percentage, which can give you a strong negotiating position and potentially save you thousands of dollars.

What Kind of Compensation or Damages Can Be Recovered Through the Claims Process?

Car accident claims provide a way for you to pursue compensation for accident-related expenses and nonfinancial damages, such as the impact on your quality of life. Many people assume that they can only get coverage for the initial uncovered medical expenses, but this isn’t the case. Financial losses such as ongoing care and rehabilitation for severe injuries and travel expenses for medical appointments can also be factored in. If you lost income due to time off work or you’re unable to return to work or your career path has changed and, therefore, have a diminished earning capacity, these are all losses that can and should be accounted for in a claim.

In addition to financial damages, fault-based claims allow the victim to seek compensation for nonmonetary losses, such as pain and suffering and loss of enjoyment of life. Also if you developed anxiety or depression after a car accident or are unable to ride or drive a car because of post-traumatic stress disorder, these can be considered as part of the nonpecuniary loss in a claim. A personal injury law firm can help you accurately calculate your full losses.

Talk to a Personal Injury Lawyer After a Motor Vehicle Accident

If you’re not sure what steps to take after a motor vehicle collision or you need help determining what the value of your claim may be, McKiggan Hebert Lawyers can help. When you seek legal advice from an experienced personal injury lawyer, you get guidance specific to your situation and claim. We understand how much the aftermath of a car accident can affect you physically, emotionally, and financially. Call our firm at 902-706-2298 to discuss your case with a member of our team.