Halifax Wrongful Death Lawyers

Wrongful Death Lawyers Providing Compassionate Legal Guidance

Losing a loved one is one of the most difficult experiences anyone can face — especially when someone else’s negligence caused the death. At McKiggan Hebert Lawyers, we understand that no amount of compensation can replace your loss.

Pursuing a wrongful death claim can help secure your family’s financial future and hold the responsible party accountable. Our Halifax wrongful death lawyers provide compassionate, experienced legal support to families across Nova Scotia during this time of grief.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action brought by the family of someone whose death was caused by another person’s negligence, carelessness, or intentional act. In Nova Scotia, the Fatal Injuries Act governs these claims. The goal of a wrongful death lawsuit is to provide surviving family members with compensation for the financial and emotional losses they have suffered due to their loved one’s death.

Who Can File a Wrongful Death Claim in Nova Scotia?

Under Nova Scotia law, only certain family members are eligible to file a wrongful death claim. This includes:

Spouses (including common-law partners)
Children (biological, adopted, or step-children)
Grandchildren
Parents (including step-parents)
Grandparents

Typically, the executor or administrator of the deceased’s estate files the claim on behalf of these family members. If a legal representative of the estate has started a lawsuit within 6 months after the death of a family member, anyone entitled to compensation can start a lawsuit on their own behalf and on behalf of all others entitled to compensation.

How Do Wrongful Death Laws Differ in Nova Scotia?

Wrongful death laws vary across Canada, and Nova Scotia has specific legal guidelines that impact how claims are handled. The Fatal Injuries Act governs wrongful death claims in the province, outlining who can file a claim and what types of compensation are available. One notable difference in Nova Scotia is that only certain family members — the deceased’s spouse, children and grandchildren, and parents and grandparents — are eligible for compensation.

Another key difference is that Nova Scotia does not cap damages for loss of guidance, care, and companionship at a set amount, nor does it cap claims for financial losses, such as lost income or medical expenses. These distinctions make working with a lawyer familiar with Nova Scotia’s wrongful death laws essential to ensure your claim is properly valued.

Common Causes of Wrongful Death Claims

Wrongful death claims can arise from a wide range of fatal accidents. At our firm, the legal team has extensive experience handling complex fatal injury cases, including:

Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents caused by negligent drivers.
Medical Malpractice: Fatal injuries due to surgical errors, misdiagnoses, or failure to provide proper care.
Defective Products: Deaths caused by dangerous or malfunctioning consumer products.
Nursing Home Negligence: Elderly residents who suffer harm due to neglect or abuse.
Slip and Fall Accidents: Fatal falls due to unsafe property conditions.

If you’re unsure whether your loved one’s death qualifies for a wrongful death claim, our lawyers can provide a free case evaluation to help you understand your legal options.

Dealing With Insurance Companies in Wrongful Death Cases

Insurance companies often play a central role in wrongful death claims, as many claims involve motor vehicle accidents, medical malpractice, or workplace injuries where insurance coverage applies. However, insurance companies are not always eager to pay fair compensation. They may attempt to minimize the value of your claim or dispute liability entirely.

Our lawyers have extensive experience negotiating with insurance companies for grieving families. We know the tactics insurers use to protect their profits, and we are prepared to push back against low settlement offers. With our legal team handling communications with the insurance company, you can focus on your family while we fight for the compensation you deserve.

Types of Compensation for Fatal Injury Claims

In wrongful death cases in Nova Scotia, two types of compensation may be available to those who have suffered a loss: economic and non-economic.

Economic compensation refers to the financial losses resulting from the death of a loved one. This includes tangible items such as lost income, loss of valuable services, and funeral and burial expenses.

Non-economic compensation covers intangible losses, such as the emotional pain and suffering experienced by the family. This includes the loss of companionship, care, guidance, and the personal relationship lost forever due to the wrongful death.

What Compensation Can Be Recovered in a Wrongful Death Claim?

Compensation in a Nova Scotia wrongful death claim may include:

Funeral and burial expenses
Loss of financial support (income the deceased would have provided)
Loss of household services and other valuable (cooking, cleaning, childcare, property maintenance)
Loss of companionship, guidance, and care
Treatment expenses incurred before death

Every case is unique, and the amount of compensation available will depend on the circumstances surrounding your loved one’s death. Our team will work with financial experts to calculate the full impact of your loss and pursue the maximum compensation available.

Caps on Damages in Nova Scotia

While Nova Scotia law does not place any statutory limits on non-economic damages in wrongful death claims, the Fatal Injuries Act compensates for loss of guidance, care, and companionship—the emotional suffering family members endure after losing a loved one. Judges in Nova Scotia have been conservatively assessing compensation, but the ranges of compensation have been increasing in recent years. Economic damages are assessed separately.

How Long Do You Have to File a Wrongful Death Claim in Nova Scotia?

In Nova Scotia, there is a strict one-year limitation period for filing a wrongful death claim, starting from the date of death. Failing to file a lawsuit within this timeframe could prevent you from pursuing any compensation whatsoever. However, don’t wait until the last minute; start your claim now by contacting McKiggan Hebert Lawyers.

How to Prove Liability in a Wrongful Death Case

Establishing liability in a wrongful death claim requires proving that the responsible party’s negligence or wrongful act directly resulted in the death of a loved one. This involves demonstrating the following:

Duty of Care: The defendant owed a duty of care to the deceased (such as a driver following traffic laws or a doctor providing medical treatment).
Breach of Duty: The defendant failed to uphold their duty of care through negligence or reckless actions.
Causation: The breach of duty directly caused the fatal injury.
Damages: The surviving family members suffered financial and emotional losses.

Our legal team works closely with accident reconstruction experts, medical professionals, and other specialists to gather the evidence to build a strong case.

Why Choose McKiggan Hebert as Your Halifax Wrongful Death Lawyer?

At McKiggan Hebert Lawyers, we believe every family deserves compassionate legal guidance after a tragedy. Our firm is known for:

Decades of experience handling complex wrongful death and personal injury claims
A client-first approach that prioritizes your family’s well-being
Proven results in securing significant compensation for clients across Nova Scotia

Our team at McKiggan Hebert Lawyers is here to help you with your wrongful death case. We are committed to easing the legal burden on grieving families while fighting for the justice you deserve. For more information, contact us today.

What to Expect When You Work With Us

From your first consultation to the resolution of your case, we are here to support you. Our process includes:

Free consultation: We’ll listen to your story and explain your legal options.
Investigation: Our lawyers will gather evidence, interview witnesses, and consult experts to build your case.
Negotiation: We will negotiate with insurance companies to seek a fair settlement without court proceedings.
Litigation: If a fair settlement cannot be reached, we are fully prepared to advocate for your family in court.

Start Your Claim Today – Contact McKiggan Hebert Lawyers Now

If you have lost a loved one due to someone else’s negligence, you deserve compassionate legal guidance and support. Our legal team is here to help you navigate this difficult time and seek the justice your family deserves.

We offer free consultations and work on a no-win, no-fee basis — there is no financial risk to pursuing your claim. Contact our Halifax wrongful death lawyers today to learn how we can help. start your claim now by filling out our online form to schedule your free consultation, or call us at (902) 706-2298 to get started today.

Frequently Asked Questions

If the responsible party is not insured, can I still pursue compensation for wrongful death?

Yes, it is possible to pursue compensation for wrongful death even if the responsible party is not insured. In such cases, we may look to other sources of compensation, such as the deceased’s insurance policy, or take legal action against other parties who may share responsibility. The government has established a Facility Association which acts as an insurer for an uninsured driver. Our team will explore every avenue to ensure that you receive the compensation your family deserves.

Can I recover compensation for emotional distress or grief after the loss of a loved one?

While emotional distress or grief alone is not compensable in a wrongful death claim, you may be eligible for compensation for the emotional losses related to the loss of companionship, care, and guidance. These non-economic damages help acknowledge the profound emotional impact the death of a loved one has on surviving family members.

What role does the executor of an estate play in filing a wrongful death claim?

The executor or administrator of the deceased’s estate typically files the wrongful death claim on behalf of the family members eligible for compensation. If no executor has been named, or the named executor has not started a lawsuit within 6 months of the date of death, any family member entitled to compensation may start a lawsuit. A lawsuit is brought on behalf of all eligible claimants.

What happens if a wrongful death case goes to trial in Nova Scotia?

If a wrongful death case goes to trial in Nova Scotia, our experienced trial lawyers will represent your family in court. We will present the evidence, call on experts, and argue your case before a judge or jury to seek the compensation to which you are entitled. While most wrongful death cases are settled outside of court, we are fully prepared to take your case to trial if a fair settlement cannot be reached.

Can the compensation amount in a wrongful death case be negotiated, or is it fixed?

The compensation amount in a wrongful death case is not fixed and can be negotiated. Factors such as the severity of the loss, the financial impact on the family, and the evidence supporting the claim all play a role in determining the case’s value.

What should I do if I suspect negligence led to my loved one’s death?

If you suspect negligence led to your loved one’s death, it is essential to speak with an experienced wrongful death lawyer as soon as possible. We will offer a free consultation to discuss the circumstances surrounding your loved one’s death and help determine whether you have grounds for a claim.

How do insurance companies’ involvement affect wrongful death claims, especially in motor vehicle accidents?

In wrongful death cases involving motor vehicle accidents, insurance companies often play a significant role. Insurance companies may attempt to minimize the compensation they offer. At McKiggan Hebert Lawyers, we have extensive experience negotiating with insurance companies. We are focused on ensuring your family receives fair compensation.

Are wrongful death claims considered public, or is the process confidential?

Wrongful death claims are generally private matters, and the details of the claim are not made public until a lawsuit is filed. However, even if no lawsuit is filed information regarding your claim will be disclosed to the insurance company as part of the negotiations or settlement discussions involved. We take confidentiality seriously and will work to protect your privacy throughout the process.

What should I expect during a free consultation with a wrongful death lawyer in Nova Scotia?

During a free consultation with a wrongful death lawyer at McKiggan Hebert, we will listen to your story and provide a compassionate, informative overview of your legal options. We will explain the wrongful death process, answer your questions, and help you understand the steps needed to pursue a claim. Our team is here to guide you through this difficult time, and there is no obligation after the consultation. Start your claim now by contacting us today.