If you’ve suffered an injury as a result of the negligence or wrongful conduct of another person or entity in Nova Scotia, you may be entitled to benefits and other compensation under the law. These entitlements could be in the form of payments covering costs of associated medical treatments, lost income and even money damages for pain and suffering and other economic losses. Payments to compensate you for your injuries may be available from various sources including applicable insurance policies (ie. home, automobile, disability) and government assistance plans (ie. CPP).
Injuries may be physical (ie. broken bones, amputations, spinal cord damage, chronic/regional pain) or psychological in nature (ie. brain injuries, memory loss, loss of cognitive function and other impairments).
Injuries can arise from a host of accidents and intentional acts. Typical cases involving injury caused by the negligent actions or omissions of others include the following: motor vehicle accidents, slip and fall accidents, snowmobile, ATV and boating incidents, plane crashes, defective products, and professional malpractice (medical, dental). Cases where injury and damage can arise from the intentional actions of others include battery, assault, sexual assault/abuse, and false imprisonment.
The amount of compensation available depends on a number of factors including the nature and extent of your injuries and their impact on your life and employment. Medical evidence is a central element in personal injury lawsuits and is essential for determining a claim’s value. Not only is this evidence relevant for understanding the details of your injuries, their treatment and long-term prognosis, it also contains your relevant medical history preceding the accident including information on any pre-existing conditions all of which may have a bearing on what your claim is worth.
If liability (fault) for the accident is disputed this can also adversely impact the amount of damages you might recover notwithstanding the severity of your injuries. Similarly, if you failed to wear a seatbelt and were involved in a motor vehicle collision or if you disregarded medical advice and professional treatment plans designed to aid in your physical/psychological recovery in the aftermath of an accident, such factors if proven can operate to reduce any award of compensation.
In addition to seeking any necessary medical treatment after an injury, it is important for you to understand your legal rights, obligations and options for pursuing compensation through the court system.
When accidents occur, the injured parties of those accidents may be able to file a lawsuit to claim compensation for their injuries. In order for a person to file a lawsuit, there are three elements they must be able to prove. Those are:
- That the person who injured them owed them a duty of care, or that they were required to act in a reasonable way to prevent any harm to other people.
- That the person who injured them breached that duty of care, or that they did not act in a reasonable manner.
- That injury resulted due to the breach.
Of these three elements, it is the first that confuses most people. Owing an individual a duty of care does not mean that there had to be a pre-existing relationship between the two parties.
In some cases, such as medical malpractice, this relationship must exist but in other instances, such as in car accidents, the parties do not need to know each other beforehand. This is because all drivers are expected to act in a reasonable manner to keep other drivers on the road safe. A personal injury lawyer will be able to determine if a personal injury case will form a valid lawsuit.
Most Common Personal Injury Claims
Any time a person is injured due to another person’s negligence there may be a cause for a personal injury claim to be made. However, in Nova Scotia, there are three types of claims that are the most common.
Car accidents, including motorcycle accidents and truck accidents, are the most common type of personal injury claim in Eastern Canada. Highways and rural roads especially are infamous for car accidents. When motorists collide with each other, an accident claim could possibly be made. However, wildlife, in particular deer, is also responsible for causing many crashes on roads.
Other types of vehicle accidents are also very common in Nova Scotia. This is a very common area for boating accidents to occur and when boat operators have been negligent, injuries can occur. These make up a significant number of accident claims in Nova Scotia every year.
Lastly, agriculture accidents are also very common in Nova Scotia. With many types of heavy equipment being used, farming accidents do sometimes occur.
In these cases, most personal injury claims fall under the category of workplace accidents, as injured parties were working for an employer on the farm at the time.
Contact a Personal Injury Lawyer Today
Any time there is an accident and the injured party wants to file a lawsuit, it can quickly become complicated, and it is imperative that individuals do not try to file these claims on their own, as many that do can have their case thrown out or dismissed.
If you or a loved one has been injured in any type of accident in Nova Scotia, and you believe it was due to another person’s negligence, it is important to speak to an experienced personal injury lawyer that can help you with your claim.
Contact Preszler Law Injury Lawyers for a FREE initial consultation and speak directly with one of our lawyers!