Car Accident Lawyers
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Published: November 21, 2020 | Last Reviewed: August 7, 2026
Every day people choose to drive a car as their preferred way to travel, and all without a second thought of the potential risks involved. All drivers are expected to share the road safely and responsibly, however, many people fail to do so, which can often lead to serious injury or even death.
Every year, people suffer severe harm in accidents due to the avoidable negligence of others. Some of the most common forms of negligence that frequently appear, resulting in an accident, are:
- Failure to heed changing weather and/or road conditions
- Driving under the influence of drugs and/or alcohol
- Texting behind the wheel
- Failure to obey traffic signals
- Exceeding posted speed limits
- Driver fatigue
- Improper lane changes
- Distracted driving
- Defective design/manufacture of vehicles and/or vehicle components
- Improperly loaded cargo
- Faulty or neglected vehicle maintenance
In Nova Scotia, every automobile used on public roadways must be insured. It is mandatory to carry coverage for third party liability, accident benefits, and for accidents caused by uninsured and unidentified motorists.
Third-party liability insurance covers you if you injure someone or damage someone else’s property with your automobile. The minimum coverage by law is at least $500,000 of liability coverage. Most Nova Scotians carry at least $1,000,000 of coverage.
Accident benefits include medical and rehabilitation expense benefits, funeral expense benefits, and loss of income benefits for yourself and other passengers involved in an accident.
Uninsured and unidentified automobile insurance covers you if you are involved in an accident with an uninsured or unidentified automobile.
Due to the force experienced in a serious car accident, the cases of injury may include, but are not limited to:
- Spinal cord damage
- Paralysis
- Broken bones
- Herniated discs
- Skin burns and resulting disfigurement
- Limb amputations due to nerve damage
- Injuries to vital internal organs
- Traumatic brain injury/lasting cognitive impairment
- Torn ligaments
- Internal bleeding
- Death
To claim any benefit, you must first apply to your own insurance company, or if you do not have your own policy of automobile insurance, then will be required to access any other policy of insurance company that is available to you. To be eligible, you must be injured and provide your insurance company with written notice of your intention to do so within 30 days of the accident, and by filing a proof of claim within 90 days of the accident. Other time limits may also apply.
If you or a family member has been hurt in a car accident, please contact a lawyer.
Authored by Preszler Injury Lawyers
Personal Injury Law Firm
Preszler Injury Lawyers represents injured people across Ontario in personal injury matters, including motor vehicle accident claims, slip and fall claims, long-term disability claims, and institutional abuse claims.
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We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their car accident claims.
Case Results
car accident Settlements
Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some car accident related wins we’ve had for our clients.
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car accident FAQs
Here are some commonly asked questions for car accident claims
If I am off of work as a result of the accident what can I do for assistance?
a. In Nova Scotia we have a no fault system which means your own insurance company responds to provide you with certain benefits under your own insurance policy to help with your recovery and address your immediate financial needs. These benefits are called “Accident Benefits”.
b. This includes income replacement benefits which would pay you up to $250.00 a week.
c. There is medical coverage to a potential maximum of $50,000.00 for recommended therapies such as physiotherapy etc.
Who do we sue?
a. You are entitled to sue the individual or entity that caused the accident and damages/injuries. This could include more than one party, for example if the driver and owner of the vehicle are different people.
b. This party is usually referred to as the “at-fault” party.
c. In some situations, you may have reason to sue your own insurance company to seek recourse for benefits and other claims under the contractual terms of your automobile policy. Again, time limitations apply. Your lawyer can best advise you if this kind of action is necessary in the circumstances as well as any technical requirements for proceeding.
What would we be suing the at-fault party for?
a. Lawsuits are a method of recovering damages. The goal of the lawsuit is to award the injured plaintiff (you) with financial compensation which is evaluated based on the amount of damages/changes/pain caused to you and how it affects your life.
b. These could include but are not limited to: damages for pain and suffering, income losses (past and future), loss of earning capacity, out of pocket expenses, past and future treatment costs subject to any Accident Benefits payments made by your own insurer.
Are there any legal limitations to my ability to bring a claim for pain and suffering damages?
a. For accidents after 2010, injuries of a soft tissue nature (ie. strains, sprains and certain whiplash disorder injuries) must be of a nature that causes a substantial inability to perform any or all of the essential tasks of your regular employment, training or education or the normal activities of your daily life.
b. Injuries that do not meet this “serious impairment” threshold are referred to as minor injuries and are subject to a capped amount of general damages as set by legislation.
c. For more information on how this limit could affect your claim, please call for a free consultation today.
Are there any monetary limits to my ability to make a claim for pain and suffering and other damages?
a. There could be limits to the amount of money available.
- In Nova Scotia the statutory minimum insurance required to drive is $500,000.00
- If there are multiple claimants involved in the same accident caused by the same at-fault driver the insurance policy limits on the at-fault vehicle will be split up amongst all the claimants and can reduce the amount that is recovered.
- This is why it is important to ensure that you have proper coverage on your own policy of insurance because there are situations where the at-fault driver may be underinsured and your own policy can step in and increase the available limits. Please speak to one of our lawyers today for clarification.
b. The monetary value of a particular injury is based on and set by case law, which limits the amount you can recover.
If my injury is considered a minor injury, what is the value of my injury, if any for pain and suffering?
a. The injury is worth $7,500 subject to inflation.
b. Please call Preszler Injury Lawyers for a free consultation for more information and a free consultation.
Does the limit on claims for personal injuries also apply to claims for loss of income or out of pocket expenses?
a. No – the limits only apply to general damages for pain and suffering.
b. However, the available policy limits of insurance on the at-fault vehicle could affect your recovery of damages.
How long do I have to bring an action/law suit for personal damages?
a. Usually the limitation is 2 years from the date which the accident occurred, but there are cases/situations where this can be extended.
b. Please call Preszler Injury Lawyers for a free consultation for more information.
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