Personal Injury Lawyer for Truro

Exploring Your Legal Options After You Have Been Injured

Accidents happen every day in Truro and the greater Colchester County area. Whether it is a car accident on the Trans-Canada Highway, a pedestrian accident while you are strolling downtown, or a slip-and-fall in the grocery store, an injury can disrupt your daily life and leave you wondering how to move forward.

Personal injury claims allow victims to seek compensation for their financial losses, pain, and emotional distress. Navigating this process means understanding the legal considerations, how insurance companies work, and what documentation and evidence may be required to prove your claim. Working with a Truro personal injury lawyer ensures you have someone on your side who understands the local legal system and can explain the next steps.

If you have been injured in an accident that was caused by someone else’s negligence, the team at McKiggan Hebert Lawyers can help. Call our office at 902-706-2298 for a case evaluation and to better understand what choosing our firm for your legal representation entails.

What Types of Cases Fall Under Personal Injury Law?

Personal injury cases involve situations in which one person is harmed because of another person’s negligence or failure to fulfill their legal duty of care. These are civil claims handled by either the Supreme Court of Nova Scotia. Below are some common case under personal injury law.

Truck and Car Accidents

Most people in Truro rely on cars to get around town, run errands, and get to and from work, and auto accidents are common. While not all accidents result in injury or any significant property damage, those that do can leave the victim with mounting expenses and a long recovery. This is even more true when the accident involves a large truck, such as a tractor-trailer.

Many car accidents involve negligence, whether it is a driver speeding or someone on their phone not paying attention to the road. When this negligence causes an accident, the victim may be able to file a personal injury claim to hold the at-fault party accountable and seek compensation for their damages.

Bike and Pedestrian Accidents

Accidents involving bicycles and pedestrians can result in serious injuries to victims. Even at slow speeds, cyclists and walkers are no match for the power and impact of an automobile. Traumatic brain injuries, spinal cord injuries, and internal injuries are all possible, and the resulting expenses and recovery time can be significant. Whether a driver failed to look before proceeding through an intersection or sideswiped you because they were distracted, a personal injury claim may be an option.

Premises Liability

In Nova Scotia, the Occupiers’ Liability Act outlines the duty property owners must take to keep others who may visit the property reasonably safe from harm. When they fail to uphold that duty, and someone is injured, the victim may have a premises liability case against the owner.

One of the most common types of premises liability cases is a slip-and-fall. If an occupier does not clear ice or snow from a public walkway, or the property has uneven floors that pose a trip hazard, it could give the victim grounds to file a civil suit. In these cases, the victim generally needs to prove that the occupier was aware of the hazard and did not take reasonable steps to address it.

Medical Malpractice

Medical malpractice claims are legal actions brought against a health care provider alleging negligence in the provision of care, and that the negligence caused the patient harm. Patients who were injured due to medical malpractice generally must prove both that the doctor did not provide the standard model of care and that the negligence directly caused the patient’s injuries. These cases can be complex, often relying on expert testimony from other health care providers. Still, a lawyer can help you determine what your rights are and how to hold a negligent doctor accountable.

Wrongful Death

Wrongful death cases are governed by the Fatal Injuries Act. This act allows the executor of the estate or a close family member to file a suit against the responsible person if the death was due to someone else’s negligence or intentional actions. For example, if someone is killed in a car accident, the other driver could be named in a wrongful death lawsuit. Wrongful death claims allow the family to seek compensation for any medical bills or funeral expenses as well as for non-pecuniary damages, such as loss of care, guidance and companionship.

How Do You Prove a Personal Injury Claim?

Personal injury claims require demonstrating that the defendant’s negligent actions or inactions were responsible for the victim’s injuries. However, there are multiple elements that must be proven for the plaintiff to win.

The first element of a personal injury case is establishing that the defendant owed the plaintiff a duty of care. In many cases, this is easily established through the relationship between the two parties. For example, a doctor clearly has a duty of care to their patients. A driver has a duty of care to others on the road.

The second element is to establish that the defendant breached the duty of care to the plaintiff. These breaches can occur both through negligence and intentional acts. A driver who was looking down at their cell phone instead of up at the road, for example, is not upholding their duty of care to those around them.

The third element of a personal injury claim is that the defendant’s actions must have caused the victim’s injuries. This is perhaps the most challenging piece to prove in a personal injury lawsuit, and it is why you will often see insurance companies trying to lay the blame on the victim. There needs to be enough evidence to convince the court that the defendant’s actions were the cause of the victim’s injuries because without the accident the injuries would not have occurred. This is known as the “but for” test. The burden of proving this is on the plaintiff and the standard of proof is the balance of probabilities which requires the plaintiff to prove that it was “more likely than not”.

The last element to prove is that the plaintiff suffered compensable losses or damages as a result of the defendant’s negligence. If you were in a minor car accident that was the other driver’s fault but that caused no injury or other issue, there would be no grounds for a personal injury claim. Victims can pursue both pecuniary damages, which are financial losses, and nonpecuniary damages, such as pain and suffering, in the civil court system.

What Happens If the Victim Is Partially at Fault?

Accidents often involve several factors, and it can be challenging to determine who was primarily at fault. Car accidents are good examples of this. In some cases, there may be more than two vehicles, which can make determining fault more complicated. It is also common for multiple people to be at fault. For example, in a multi-car accident, one driver might have been speeding while another was texting and driving. Both of these people could share in the fault for the accident.

Because it is common for victims to also be partially at fault for an accident, the court has a way to reflect this in how compensation is awarded. In Nova Scotia, victims who are partially at fault for an accident are allowed to pursue and be awarded compensation through the legal system. However, any damages the court awards the plaintiff can be reduced. If a plaintiff was 20 percent responsible for the accident and they were awarded $50,000, they would end up only getting only $40,000 because the court reduced the award by the same percentage.

If you are not sure whether you were partially at fault for an accident or how it could affect your ability to file a claim, the first step is to talk with a lawyer. They can help you understand how fault may be determined and what evidence can be used to minimize your percentage of responsibility.

How Long Do You Have to File a Personal Injury Claim in Nova Scotia?

According to the Limitation of Actions Act, most personal injury claims must be filed within two years of the date of the injury or when the injury was discovered. For example, if you had surgery but were not aware that a sponge was left behind until a year later, the two-year clock on filing a claim would start on the day you discovered the issue.

However, there is a limit on how far the two-year period can be pushed based on discovery. In most cases, you have an ultimate limitation period of 15 years to file a claim from the date of injury, regardless of how long it takes you to discover the issue.

In most personal injury cases arising from a car accident or a slip and fall, the plaintiff is expected to know about the claim from the date of the incident or the 2 years limitation period usually starts from the date of the accident.

There are some exceptions to the general two-year rule. Wrongful death cases are treated differently, and the executor or family generally only has one year to file a claim. There are also exceptions to the time limits for those who are minors at the time of the incident or who are mentally or physically incapable of filing at the time. Lawsuits filed against government entities may also have additional notice requirements which tend to shorten the limitation period. Claims against municipalities must be brought within 1 year and also contain notice periods, so that the effective limitation period for initiating notice of the claim is only 11 months.

In other cases, a judge may extend a limitation period, but there is no guarantee. The safest course is to start a lawsuit well in advance of the deadline to avoid being unable to bring the lawsuit at all after the limitation period. However, if the limitation has run out, don’t despair, it may still be possible to bring a lawsuit. Seek legal advice immediately.

When you talk with a personal injury lawyer, they can go over the timeline with you to determine if you are still within the claim period and how long you have before you will need to move forward. They can also discuss whether any of the exceptions apply and ensure the deadline for your case is accurately calculated.

How Much Could Your Case Be Worth?

One of the most common questions our lawyers get when talking with a potential client after an accident is, “How much could I get?” It is important to understand how damages and compensation work in civil claims to ensure you have accurate expectations moving forward and have the necessary information to negotiate a fair settlement with the insurance company if applicable.

Damages for personal injury cases in Nova Scotia are divided into two categories: pecuniary damages and nonpecuniary damages. Pecuniary damages are related to your actual financial losses. This can include the money you’ve spent on hiring a temporary caregiver while you recover from your injuries or your lost wages and diminished earning potential. Nonpecuniary damages are the intangible losses connected to your injury. These are things like pain and suffering and loss of enjoyment of life.

In general, pecuniary damages are meant to be reimbursements for money spent or lost or which may be spent or lost in the future. There is no cap on pecuniary damages, but they are in proportion to your financial losses. Nonpecuniary damages can be “capped” if your injury falls into the narrow definition of “minor” under auto insurance laws and regulations. How much you could receive for a “minor” claim depends on the year of the accident because the number is adjusted for inflation. In 2026, this number was $10,862.

When Should You Contact a Personal Injury Lawyer for a Truro claim?

If you have been injured in an accident that was at least partially someone else’s fault, the time to contact a personal injury law firm is now. Getting an experienced lawyer involved early on in the case gives you a better chance of preserving and obtaining critical evidence. You will also have someone who can keep track of deadlines and filing limits and handle communicating with the other party and the insurance companies for you.

Contact McKiggan Hebert Lawyers at 902-706-2298 to schedule a case evaluation to get an estimate of what your case could be worth and how our legal team can help.