Personal Injury FAQs

A long-term disability lawyer can review your policy and denial letter, identify applicable deadlines, gather medical and vocational evidence, and challenge the insurer’s reasons for refusing or terminating benefits. Your lawyer can also advise whether to pursue an internal appeal or legal action and negotiate with the insurer on your behalf.

You may have a claim if a dog owner or another responsible person failed to take reasonable steps to prevent the attack. Liability can depend on factors such as the dog’s previous behaviour, the owner’s knowledge, how the animal was controlled, and the circumstances of the incident. A lawyer can investigate what happened and determine whether you may be entitled to compensation.

Not necessarily. Evidence that a dog previously acted aggressively can help establish that its owner knew about the danger, but a prior bite is not the only way to prove liability. A claim may also be based on negligence—for example, if the owner failed to restrain or supervise the dog when a reasonable person would have done so.

Depending on your injuries and circumstances, compensation may be available for pain and suffering, lost income, treatment expenses, rehabilitation costs, scarring, psychological trauma, and future care needs. The value of a claim depends on the evidence and the attack’s short- and long-term effects.

Nova Scotia’s general limitation period is often two years from the date a claim is discovered, but exceptions and different deadlines may apply. Because evidence can disappear and limitation issues can be complicated, it is important to speak with a lawyer as soon as possible.

Preszler Injury Lawyers handles eligible dog bite claims on a contingency-fee basis. This generally means you do not pay legal fees upfront, and legal fees are collected only if compensation is recovered for you. During a free initial consultation, we can explain the fee arrangement, potential expenses, and how costs would be handled in your case.

A dog bite lawyer can investigate the attack, identify the responsible parties, gather evidence about the dog’s behaviour, obtain medical documentation, and calculate your losses. Your lawyer can also communicate with insurers, negotiate on your behalf, and pursue legal action when necessary—all while protecting your rights and applicable deadlines.

A property owner, tenant, business, maintenance company, or another party responsible for the premises may be liable. Under Nova Scotia’s Occupiers’ Liability Act, an occupier must take reasonable care to keep visitors reasonably safe. Responsibility depends on who controlled the property and whether reasonable precautions were taken.

You generally need to show that a hazardous condition existed, that the responsible party failed to take reasonable care, and that the hazard caused your injuries. Relevant evidence may include photographs, surveillance footage, inspection records, maintenance logs, incident reports, medical records, and witness statements.

Possibly. Nova Scotia’s contributory-negligence rules may reduce compensation when an injured person shares responsibility for an accident, rather than eliminating the claim entirely. For example, the insurer may argue that you were distracted or failed to use reasonable care. The outcome will depend on the evidence.

Preszler Injury Lawyers handles eligible slip and fall cases on a contingency-fee basis. You generally pay no legal fees upfront, and legal fees are collected only if compensation is recovered for you. We can explain the fee arrangement and any potential case expenses during your free initial consultation.

A slip and fall lawyer can determine who controlled the property, preserve surveillance footage, obtain inspection and maintenance records, interview witnesses, and document your injuries and financial losses. Your lawyer can also deal with the property owner’s insurer, assess settlement offers, and pursue your claim in court when appropriate.

Review the denial letter and your disability policy, note every appeal and legal deadline, and request a complete copy of the insurer’s claim file. Continue receiving appropriate medical care and speak with a long-term disability lawyer before submitting an appeal. The reasons given for the denial will help determine what medical or vocational evidence may be needed.

Yes. Long-term disability claims may involve depression, anxiety, chronic pain, fibromyalgia, post-traumatic stress disorder, or other conditions that are not visible. Approval depends on whether reliable medical and functional evidence shows that your symptoms prevent you from performing the work required under your policy’s definition of disability.

An internal appeal may be appropriate, but it is not always the only—or best—option. Appeals can consume valuable time while a legal limitation period continues to run. Before appealing, a lawyer can review the policy, denial reasons, medical evidence, and deadlines and advise you on the available approaches.

The deadline may come from the insurance policy, Nova Scotia legislation, or both, and in some cases it may be as short as one year. The starting date can also depend on when benefits were clearly denied or terminated. Do not assume that an internal appeal pauses the limitation period; obtain legal advice promptly after receiving a denial.

The cost of hiring a long-term disability lawyer can depend on the claim and the fee arrangement offered. Preszler Injury Lawyers can review your situation during a free initial consultation and explain the available payment options, possible expenses, and when legal fees would become payable before you decide whether to proceed.

The general limitation period is often two years from when the claim was discovered. However, shorter notice requirements or other rules may apply in certain situations, particularly when a government or public body is involved. Getting legal advice promptly can help protect important evidence and applicable deadlines.

The timeline for settling a personal injury claim in Nova Scotia varies depending on the complexity of the case, the type of injuries, and whether liability or damages are disputed. Some claims can be resolved in a few months, while others may take a year or more. Calling a personal injury lawyer early ensures your claim is properly documented and investigated from the start, which can speed up the process and maximize the compensation you receive.

At Preszler Injury Lawyers, we work on a no-win, no-fee basis. This means you do not pay legal fees unless compensation is successfully recovered on your behalf. Our approach is designed to reduce financial stress and allow you to focus on your recovery, while we remain fully committed to pursuing the best possible outcome for your case.

The value of a personal injury claim in Nova Scotia depends on a range of factors, including the nature of the accident, the severity of your injuries, medical expenses, lost income, and the long-term effect on your quality of life. Because every case is unique, it is important to have a lawyer review your specific circumstances. Our team can provide a realistic assessment based on comparable cases, helping you understand your potential recovery before you decide how to proceed.

Compensation in Nova Scotia personal injury cases can include a range of damages, depending on the nature and severity of your injury. Common recoverable amounts include pain and suffering, medical expenses, lost wages, reduced earning capacity, and emotional distress. In some cases, punitive damages will be awarded depending on the circumstances of the case. Our lawyers assess each situation individually to ensure you pursue the full compensation you are legally entitled to.

The personal injury claims process in Nova Scotia typically begins with contacting a lawyer as soon as possible after an accident. Our personal injury law firm will assess the details of your case, gather and preserve evidence, consult with medical and accident reconstruction experts, and manage all communications with insurance companies. We then evaluate your damages, explore potential settlement options, and, if necessary, prepare your case for litigation. Throughout every stage of the process, your recovery and best interests remain our priority.

a. Any income claim available will be subject to credit from any other income source.

b. These other sources are laid out in the legislation but for clarity, call Preszler Injury Lawyers now.

a. Most policies have coverage for damage to your own vehicle but this coverage is not mandatory and may be subject to a deductible.

b. There is now a scheme called Direct Compensation for Property Damage within Section A of the standard automobile policy allowing an insured to seek compensation directly from his/her own insurer for vehicle damage caused by another party.

c. You can find more information in your policy of insurance or you can call Preszler Injury Lawyers to discuss further.

a. In these circumstances, your own insurance company would respond to your personal injury claim under Section D of your auto policy, subject to its terms and conditions.

b. In Nova Scotia most policies of insurance carries an optional endorsement called the SEF-44. This entitles the owner of the policy to coverage for insurance when the defendant is underinsured, uninsured or unidentified.

c. The benefit of the SEF-44 is that your own policy of insurance will step into the shoes of the at-fault party (where there may be no insurance or an insufficient amount of insurance) and provide added coverage.

d. This added coverage would be up to the max of the limits of the policy but cannot be stacked.

e. This is another reason why it is important to ensure you carry an appropriate amount of liability insurance.

f. This means if the at-fault party has $500,000 of liability coverage and your SEF 44 policy is for $1,000,000, the coverage would be from the at-fault party’s insurance for the first $500,000.00 and then the additional $500,000.00 from our own policy for a maximum of $1,000,000.00 of coverage.

a. Short answer is – yes.

b. In Nova Scotia there is legislation referred to as the Fatal Injuries Act.

c. This law sets out the ability and extent to which individuals can claim for damages after a family member has died in an accident.

d. It also defines who is eligible to make a claim.

e. The action must be started within 12 months of the death.

f. There are also claims under the Accident Benefit system payable upon death of an insured family member.

In addition to the claims mentioned above there are claims for hiring someone to assist with housekeeping, personal care etc.

a. The insurance company will get credit for any benefits paid to you from other sources such as CPP benefits, private LTD coverage and amounts you’ve collected under a collateral insurance policy including Section B benefits and any other private insurance you may have.

b. The insurance company may also claim credit for any amounts paid to you to cover costs of treatment or out of pocket costs.

c. Each case is different. Please call Preszler Injury Lawyers for a free consultation to discuss your case now.

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.

One of the best ways to learn more about the personal injury claims process and the time limits for bringing forth a personal injury action in Nova Scotia (or elsewhere in Canada) is to call our law firm directly and request a free consultation. We know that if you’ve been seriously injured, you may have dozens of questions about your rights and options. Our law firm wants to provide you with support and guidance that are meaningful and effective. Please reach out to our personal injury lawyers in Nova Scotia at Preszler Injury Lawers by phone or by sending us a message directly.

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.

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.

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.

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.

a. There could be limits to the amount of money available.

1. In Nova Scotia the statutory minimum insurance required to drive is $500,000.00
2. 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.
   1. 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.

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.

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.

Any time that an accident occurs that causes property damage, physical injuries, or both, working with a lawyer may be a good idea. Types of accident and injury claims that our law firm works on includes:

• Medical malpractice;
• Dog bites;
• Trip and falls;
• Motor vehicle accidents;
• Truck accidents;
• Pedestrian accidents;
• Motorcycle accident;s
• Dangerous products or premises;
• ATV accidents;
• Defective medical product cases; and

If you have been involved in an accident that has resulted in damages, you should consider sitting down with a lawyer to discuss your options and your rights. Having a conversation does not mean that you have to hire the lawyer if that decision ultimately does not feel like the right choice.

The decision to call a lawyer after being involved in any type of accident in Nova Scotia or other provinces in Canada is a very personal one, and a decision that may not be easy to come by. Calling a lawyer might feel too litigious or like ‘overkill’, or it might not be something that you feel particularly comfortable with for other reasons. At Preszler Injury Lawyers, we acknowledge that working with a personal injury lawyer is a deeply personal choice. The key to remember is that calling is completely free and involving a lawyer as early as possible is always recommended.

We can answer your questions about when (and if) you should see a lawyer after being involved in an accident yourself, or after learning that a loved one has been seriously injured or killed in an accident. To learn more, please feel free to call our personal injury lawyers today. We would be more than happy to talk to you about your case.

There is never a requirement or rule or law that you have to hire a lawyer; that being said, doing so is usually within your best interests, especially when your damages are severe and your injuries are significant. We urge people to reach out to us when they have suffered injuries that are disabling or disfiguring, catastrophic (such as brain injuries, spinal cord injuries, burn injuries, and amputation injuries, or when their injuries have resulted in a significant amount of economic or noneconomic damages. Types of damages include medical bills, lost wages, loss of earning capacity, property damage costs, and pain, suffering, and emotional distress. Of course, if your loved one has been killed in an accident that caused them to suffer fatal injuries, we strongly encourage you to call a lawyer for a consultation and the support you need.

In addition to the situations described above, there are other unique situations in which you should call upon a lawyer if you have not already done so. This includes when:

• Your claim has been denied. One of the most upsetting scenarios for a person who has been involved in an accident is learning that an accident claim has been denied. If this has happened to you, you may not understand your rights, may not know how to appeal, and may be tempted to simply accept the decision and lose out on your right to recover compensation. You should not take this route; instead, call a personal injury lawyer in Nova Scotia who can help you to understand your options and fight for your rights.
• Fault is disputed. When fault is very clear in an accident and is agreed upon by all parties involved in the claim, it is much less likely that a claim will be denied. However, this isn’t always the case – allegations of fault may be levied in order to reduce the value of the claim or ‘get off the hook’ for paying for damages. If you don’t have a strong legal case, backed by indisputable evidence and expert testimony, it may be hard to come back from this. A lawyer can assist.
• You’re offered less than you deserve. Do you know what to do if you are offered a settlement that is less than you deserve? You may think that you have to accept the offer; you may not know how to communicate that you believe you deserve more in a way that is effective. You have the right to negotiate a settlement offer that you believe does not fairly compensate you. Our lawyers can handle that negotiation process on your behalf and improve your chances of recovering the settlement you deserve.

The limitation period has expired or about to expire. Did you know that each province has its own limitation period that governs the amount of time a person has to file a claim after being involved in an accident? In Nova Scotia, that limitation period is two years in most cases. If the limitations period has expired or is about to expire, you may believe that you’ve missed out on your chance to file a claim. While this may be true, it is always worthwhile to talk to a lawyer who can act quickly to file your claim or request an extension on the two-year time limit.

It’s not just about the situations in which seeing a lawyer is practical, but also how soon after an accident occurs you should see a lawyer, that you need to consider. While there is no wrong time to call a lawyer–and you should certainly reach out to a lawyer if you haven’t already–it is most advantageous to call a lawyer as soon as possible after your accident. Your lawyer can get the ball rolling on investigating your case, advising you of next steps and best practices, talking with experts, filing your insurance claim, calculating your damages, and more.

As mentioned above, there is a limitation period for all personal injury claims in Nova Scotia – this limitation period is two years in most cases, although it is indefinite in cases of sexual assault and some other assault cases, and can be extended in some personal injury claims. If you miss the deadline for filing your lawsuit–two years from the date that your accident occurred in most cases–you may be permanently barred from damages. This is yet one more reason why it’s a) important to work with a lawyer and b) to call a lawyer as early on in the process as possible.

We understand that the idea of working with a lawyer may feel intimidating for many reasons, not least of all because you may be worried about the costs of legal services. At Preszler Injury Lawyers, we offer free consultations to our clients and work on a contingent-fee basis, which means that our fees are contingent on your case win. If your case is successful and you recover a settlement, our lawyers are paid a portion of this; if your case is not successful and you do not recover a settlement, you will not owe us anything for our services. In other words, we don’t get paid if you don’t.

Another consideration when thinking about hiring a lawyer is how to choose the right lawyer for the job. This is a tough question, as there are many great law firms throughout Nova Scotia. In general, we encourage you to think about a lawyer’s education and background, their familiarity with working on cases like yours, the law firm’s reputation and track record, the lawyer’s fee structure (i.e. hourly vs. contingent fee), who will be handling the bulk of your case (i.e. a seasoned lawyer or a paid staff member), and then the general feeling you get from the lawyer and how comfortable you feel with the lawyer. It’s smart to interview a couple of different lawyers first before making a decision. Our lawyers are more than happy to talk with you about your case, your needs, and what you should expect from us throughout the process.

Taking action to call a lawyer is an important step after you’ve been seriously injured and are thinking about filing a personal injury claim to recover damages for your harm. At Preszler Injury Lawyers, we are ready to talk to you. You can start a conversation with us by sending us a message directly through our website or calling our law office at your convenience. Again, we offer free consultations and always work on a contingency fee basis. We know how much is on the line for you after being involved in an accident and we truly want to help. Please reach out to us today to learn more.

Being harmed in an accident is a terrifying experience. While nothing can undo what has happened to you, there are ways to recover compensation after an accident, including by filing a personal injury claim. Unfortunately, while you feel unready to pursue a personal injury claim for a variety of reasons–including that you are still healing physically and psychologically from your injuries–there isn’t too much time to wait. In Nova Scotia, as in all provinces of Canada, there is a limitation period that governs how much time can pass between when an injury occurs and when a person’s legal right to bring forth a claim is forfeited. Understanding this limitations period and acting within it is critical. Consider the following about how long you have to file a personal injury claim in Nova Scotia, and please reach out directly to our personal injury law firm if you have questions specific to your claim.

A limitation period is a limit on the amount of time that you have to file a civil claim for monetary damages after suffering harm due to another’s negligence or wrongful act. Each province in Canada has its own law, known as a statute, related to limitation periods. As such, it is very important that you familiarize yourself with the statue in the province in which you are filing a claim. Limitation periods exist for a variety of different civil and criminal case types, including personal injury and wrongful death claims. If you are unsure which province has jurisdiction over your case or which limitation period may apply to your case, do not hesitate to call a lawyer.

Personal injury claims are regulated by a different limitation period than is applied to other types of cases. If you are confused about what constitutes a personal injury claim, consider that if a person is filing a lawsuit in which they are seeking damages for harm done unto them as a direct result of the actions of another party, they likely have a personal injury lawsuit. Common types of personal injury lawsuits that our law firm has worked on include car accident claims, trip and fall accident claims, dog bite claims, pedestrian accident claims, and more. If you have questions about whether or not your situation warrants a personal injury claim, please connect with us.

The limitation period in Nova Scotia was amended in 2015. Today, the Limitations of Actions Act holds that there is a two-year limitation period for the majority of personal injury claims. This means that in the majority of cases, an individual has two years from the date of their accident to file a claim.

It should be noted that the new law holds that there is no limitation period for victims of sexual assault, domestic assault, or assaults on anyone who is emotionally, financially, or physically dependent on another party. This rule is retroactive, which means that anyone who was a victim of an assault falling into one of these categories still has the right to bring forth a claim for damages, even if the assault occurred before the law was changed. If you are a victim of assault and believed that the limitation period on your right to take action had passed, our lawyers would be more than happy to review your claim and help you to understand your rights. If you think we’re a good fit, we would be honored to represent you in your civil action.

The limitation period begins at the time that the accident occurred – the time that the cause of action accrues. In some cases, though, injuries are not immediately apparent and, in these cases, the time on the clock doesn’t start ticking until the date of discovery.

Additionally, the court is granted discretion to extend the limitation period when appropriate. This is known as a “saving provision” within the law that allows the court to extend the statute of limitations from two years to four years (but no longer than four years in all cases) if there is evidence that doing so will not show prejudice to the defendant.

Personal injury claims, in which the plaintiffs themselves are the injury victims, have a two-year limitations period in Nova Scotia, as explained above. Wrongful death suits, on the other hand, in which the victim who suffered fatal injuries’ family is looking to bring a suit, the limitation period is only one year.

If you miss the deadline for filing your claim within the required limitation period, you may be able to request that the court allow an extension of the deadline in some cases. However, in most situations, missing the deadline for filing a claim within the limitation period will serve as a bar to your recovery. For this reason, it is very important to start the claims process as early as possible.

Our law firm highly recommends consulting with a lawyer as soon as possible after being involved in a serious accident. While there is no requirement that you work with a lawyer, your lawyer can begin the investigatory process and ensure that your claim is filed within the required time limit. Again, if you miss the limitation period, you could be permanently prohibited from recovering compensation. Waiting until the last moment to hire legal representation will likely be disadvantageous when compared to taking early action to hire a lawyer.

Taking early action to initiate the claims process and to hire a lawyer isn’t just beneficial because it will help to ensure that you do not breach the limitation period, but for other reasons, too. These reasons include that you’ll be able to gather evidence while it’s fresh and well-preserved; you’ll have a greater record of your injuries and experience when you file a claim (because you started recording these data early); and you may end up settling your claim earlier, too, which means that you’ll recover a settlement sooner than you would otherwise, allowing you to move forward with your life.

In addition to thinking about the statute of limitations, which can have a profound impact on your ability to recover compensation after being seriously injured, there are a couple of other important time-sensitive things to think about:

• First, note that in many cases, including accidents involving motor vehicles, you will need to report the accident to the police. You should do this as early as possible after being involved in your accident, as this will create an important record between your injuries and your accident. If you do not report the accident, you will have a very difficult time recovering a settlement.
• Second, you should get medical care immediately after your accident. Like reporting an accident to the police, seeking medical treatment creates evidence linking the injury in which you were involved to your injuries.
• Third, you will need to report your accident to your insurance company, depending on the accident type.

A lawyer can assist you during many different steps of your claim. From the start, our lawyers at the Preszler Law Firm can review your case and make a recommendation about your options and how to proceed. We will also lead an investigation into your case, work with experts who can build your case and contribute evidence, and handle claim documents on your behalf. Of course, we will make sure that all legal steps necessary are taken throughout the process, including providing a notice of claim when necessary, and filing your suit within the limitation period. Our lawyers will also advocate for you during the settlement process, help you to understand what your claim is worth and how to recover that amount, and represent you in court when needed. Every step of the way, we will be available to take your calls, answer questions, and make sure that you feel like a priority.