Compensation for Wrongful Death in Nova Scotia

June 12, 2025

When someone dies due to another person’s negligence or wrongdoing, the loss isn’t just emotional—it’s often financial, too. Families are left grieving, yes, but also navigating unfamiliar legal terrain. And in the midst of mourning, figuring out whether you can file a wrongful death claim, how compensation works, or what steps to take next… that can all feel overwhelming.

Understanding your legal rights after a loved one’s death matters. This article is designed to help you do just that: understand what wrongful death compensation in Nova Scotia may look like, who qualifies to file a claim, and how to begin the process. It won’t answer every possible “what if”—real life is messy—but it will give you a solid place to start. Whether you’re just beginning to ask questions or already dealing with legal paperwork, it’s worth knowing what support and justice may be available to you.

Understanding Wrongful Death Under Nova Scotia Law

In Nova Scotia, a wrongful death occurs when a person’s death is caused by the negligence, default, or wrongful act of another. The legal foundation comes from the Fatal Injuries Act, which outlines who can seek compensation and what types of damages are recoverable.

It’s not a criminal process. That’s important to note. While there may be criminal proceedings happening alongside—or not at all—a wrongful death lawsuit is a civil matter. It focuses on the harm suffered by surviving family members, not punishing the person responsible.

This kind of claim can follow many types of accidents: car crashes, medical malpractice, unsafe working conditions, or even defective products. Sometimes, the fault is clear. Other times, not so much. But what remains consistent is this: if someone else’s actions contributed to the death, there may be grounds for a claim.

Who Can File a Wrongful Death Claim in Nova Scotia?

Families are often unsure who has the legal right to pursue a claim. That’s understandable. The relationships we value most in life—chosen families, blended households—don’t always align neatly with what the law recognizes. Still, Nova Scotia law outlines specific categories of individuals who may be eligible.

Spouses (Including Common-Law Partners)

Spouses, whether legally married or in a recognized common-law relationship, are typically among the first in line when it comes to wrongful death claim eligibility. The key is proving the relationship was ongoing and valid under the law at the time of death.

This can become complicated in situations where a relationship had recently ended or was under strain. Legal status doesn’t always reflect emotional reality, but the courts work from definitions in the legislation, not sentiment.

Children (Biological, Adopted, or Step-Children)

Children of the deceased—whether born, adopted, or, in certain cases, dependent stepchildren—can also be eligible to file a claim. Age isn’t always a factor here. It’s more about the nature of the relationship and dependency, not just legal definitions.

A minor child who relied on the deceased for emotional or financial support has a clearer case. But even adult children may qualify, especially if the deceased was contributing meaningfully to their lives—financially, emotionally, or otherwise.

Parents (Including Step-Parents)

Biological parents and, in some situations, step-parents may be eligible. Step-relationships often raise questions. A step-parent who played an active, financial, or caregiving role in the deceased’s life might qualify—but again, it depends on the facts.

It’s not always about legal adoption. Courts may consider the history and depth of the relationship. Did the step-parent raise the deceased? Were they living together? Financially tied? These details matter.

Grandparents

This surprises people sometimes, but yes, grandparents may be eligible to file, particularly if they were providing or receiving support from the deceased. The connection must go beyond occasional visits or holidays.

A grandparent who was raising or housing a grandchild, or being cared for by one, might meet the threshold. The courts assess closeness and interdependence, not just bloodlines.

Grandchildren

Much like grandparents, grandchildren may qualify under specific conditions. For example, a grandchild who lived with the deceased or relied on them for financial help may have a valid claim.

Again, it comes down to dependency and the real-world relationship, not just titles or family trees.

That said, having the right to file doesn’t always mean filing is straightforward. Family dynamics, overlapping claims, and estates with or without wills can make things murky. Which brings us to the next point…

What Type of Damages Can One Sue For?

Understanding what you’re actually suing for is essential. A wrongful death claim isn’t just about the emotional toll (though that’s part of it). It’s also about recovering concrete, measurable losses—past, present, and future.

Loss of Care, Guidance, and Companionship

This is the most human side of the claim. What is the loss of a parent’s advice worth? Or the companionship of a spouse? Courts in Nova Scotia try to quantify these intangible aspects of grief. They look at how close the relationship was, what kind of emotional and personal support was provided, and what’s now missing.

Of course, no number replaces a person. But the law attempts to acknowledge what’s been taken, even if imperfectly.

Dependency Loss

This refers to the financial support the deceased would have provided had they lived. Think: paying rent, groceries, education costs, or everyday household expenses. Courts evaluate what the deceased earned, how much they contributed, and what the surviving dependents reasonably relied on.

To estimate this, lawyers typically use two main approaches:

Sole Dependency Approach

This method assumes one person (like a child or spouse) was entirely financially dependent on the deceased. The calculation is more straightforward—but it’s not always realistic.

Cross-Dependency Approach

More common in dual-income households, this model considers how both parties contributed and depended on each other financially. It’s a balancing act, and often more reflective of real-life arrangements.

Neither method is perfect. But they help quantify an inherently difficult loss.

Funeral Expenses

Funeral and burial costs can be claimed. This includes services, cremation or burial, headstones, and other related expenses. In cases where the estate paid for these, the estate may recover these funds as part of the overall claim.

Travel Expenses

Did family members have to travel long distances to attend to the deceased in their final days, or travel for the funeral? Those costs might be reimbursable, especially when directly tied to the death and its immediate aftermath.

Out-of-Pocket Expenses

This could include everything from childcare while handling estate matters to meals, hotels, or parking during hospital visits. Small things add up. The law recognizes that.

Medical Bills and Other Care Services

If the deceased received medical care before their passing, those bills may be claimable. This includes ambulance fees, medications, hospital stays, home care… anything directly related to the final injury or illness caused by the wrongful act.

Contributory Negligence

This part can be uncomfortable, but it matters. If the deceased contributed in some way to their death, the amount of compensation may be reduced.

Let’s say someone died in a car accident, but they weren’t wearing a seatbelt. Or they were speeding. Courts will assess whether those actions played a role. If they did, the final settlement or award might be lowered proportionally.

That doesn’t mean the family is left with nothing. But it does add complexity to the claim. And it’s something lawyers will evaluate early on.

What If the Deceased Did Not Have a Will?

It happens more often than you’d think. And while not having a will complicates estate matters, it doesn’t necessarily block a wrongful death claim.

Under Nova Scotia law, eligible family members can still file a claim. However, if there’s no named executor, someone will need to apply to become the estate’s representative. That person can then move forward on behalf of all beneficiaries.

It’s also worth noting: if no wrongful death lawsuit is filed within six months of the death, any eligible dependent may file on behalf of all entitled individuals. This safeguard helps prevent important claims from being lost due to indecision, grief, or confusion during the early months.

The Legal Process of Filing a Wrongful Death Claim

Filing wrongful death lawsuit paperwork isn’t just about submitting a form. It’s a multi-step legal process—and timing is critical.

Generally, you have one year from the date of death to start a claim. That’s a short window, especially when you consider how much needs to happen beforehand: identifying eligible claimants, appointing estate representatives, gathering evidence, and calculating losses.

What’s involved?

• Consultation with a lawyer: This helps clarify whether a valid claim exists and who has the right to file.
• Investigating the cause of death: This could involve medical records, accident reports, witness statements, or expert analysis.
• Calculating damages: A mix of financial, legal, and actuarial expertise is often needed to assess the full impact.
• Negotiation or litigation: Some claims are settled out of court. Others may proceed to trial if disputes arise over fault or compensation.

It’s rarely a quick process. But a good lawyer helps manage the emotional and procedural burden so families can focus on healing.

How Preszler Injury Lawyers Can Assist

You’ve experienced a devastating loss. The legal system is probably the last thing you want to deal with. And yet, it may be the only way to hold someone accountable and protect your family’s future.

Preszler Injury Lawyers understands that balance. Our team brings decades of experience helping Nova Scotians navigate wrongful death claims with compassion and skill. We don’t just handle the paperwork—we explain your rights, listen to your concerns, and pursue the compensation you and your loved ones deserve.

Whether you need help filing a wrongful death lawsuit, understanding wrongful death claim eligibility, or simply figuring out who can file a wrongful death claim in Nova Scotia, we’re here. No pressure. Just real answers and honest support.

You don’t need to go through this alone. Contact us today to schedule a free consultation.