Halifax Car Accident Lawyers

Helping You Recover Compensation For Your Injuries

Far too many people are injured in car accidents in Nova Scotia every year. In fact, Nova Scotia has one of the highest auto accident rates in Canada. If you were injured in a crash in Halifax, it’s important to understand your right to compensation.

As a car accident victim, you could be entitled to compensation for your non-MSI medical expenses, lost wages, pain and suffering, and more. But it won’t be easy to secure this compensation even though you are entitled to it by law. Don’t face the challenge of fighting for compensation alone—turn to the experienced car accident lawyers at McKiggan Hebert Lawyers for help.

Our lawyers are passionate about helping the injured seek justice and secure the compensation they need and deserve. Call 902-706-2298 now to schedule a free consultation with our team regarding your auto accident claim.

Why Should You Hire A Halifax Car Accident Lawyer At McKiggan Hebert Lawyers?

Being in a car accident is an overwhelming, stressful experience. The injuries you sustain in an accident could affect you physically, emotionally, and financially. There’s a lot on your plate in the days, weeks, and months following a car accident. The last thing you should have to deal with is the added stress of filing a personal injury claim to protect your right to compensation. That’s why it’s so important to contact our Halifax personal injury lawyers as soon as possible after a crash.

We will handle every aspect of your legal claim from A to Z while you focus on treating and recovering from your injuries. After all, your health and well-being should be your first priority after a car accident. Let us handle the rest. We will aggressively pursue the compensation you deserve.

Types of Car Accidents in Halifax, Nova Scotia

Head-on collisions
Vehicle rollovers
Rear-end collisions
Distracted driving-related accidents
Speed-related accidents
Reckless driving
Hit-and-run accidents
Driving under the influence of alcohol or drugs

Determining Fault in a Halifax Car Accident

Nova Scotia follows the principle of contributory negligence (sometimes referred to as comparative negligence), meaning that if a victim’s own negligence partly contributed to a collision, their compensation may be reduced in proportion to their share of the fault. For example, if the court finds that a driver was 20 per cent at fault because they were speeding, and the other driver was 80 per cent at fault for failing to stop at a red light, the compensation received by the first driver might be reduced by 20 per cent.

This system highlights the importance of establishing who bears responsibility for the accident and to what extent. Insurance adjusters, lawyers, and courts examine multiple factors—driving records, witness testimony, expert opinions, and traffic laws—to allocate fault accurately. Understanding how contributory negligence could apply in your situation is crucial in any legal claim.

Role of Police Reports and Evidence

In Nova Scotia, police reports can be influential in determining fault. When an accident is severe enough to cause significant injury or property damage, police typically attend the scene to document the circumstances, interview witnesses, and issue any necessary charges. The report they produce can include critical details about vehicle positions, weather conditions, traffic control devices, and statements from involved parties.

Insurers and lawyers frequently rely on these reports during negotiations or litigation. Besides police reports, other evidence—like dashcam footage, photographs of the scene, or accident reconstruction analysis—may be pivotal in proving which driver bears primary responsibility. Maintaining thorough documentation and working with legal counsel to interpret this evidence can significantly strengthen a claim.

Common Causes of Car Accidents

Car accidents occur when a driver’s attention is diverted from the road or when their ability to react is compromised. Whether due to distractions, reckless behaviour, impairment, or external conditions, these factors increase the likelihood of collisions. Safe driving requires focus, awareness, and responsible decision-making to minimize risks.

Distracted Driving

Taking your eyes off the road, even briefly, reduces reaction time and increases crash risks. Using phones, adjusting controls, eating, or talking can divert attention. Nova Scotia law prohibits handheld device use while driving, but other distractions also impair judgment and can lead to serious accidents.

Speeding and Reckless Driving

Exceeding speed limits or driving aggressively shortens reaction time and increases impact force. Reckless actions—tailgating, weaving through traffic, or running red lights—endanger everyone. Drivers must adjust speed based on conditions, as failing to do so may be considered negligence in an accident claim.

Impaired Driving

Alcohol, drugs, and medications impair coordination, judgment, and reflexes. Despite roadside enforcement, impaired driving remains a major cause of crashes. Offenders face criminal penalties and civil liability, including compensation claims for injuries and damages caused by their actions.

Weather and Road Conditions

Snow, ice, fog, and rain reduce visibility and road traction, increasing accident risks. Drivers must adapt by reducing speed and using appropriate precautions. Poorly maintained roads, potholes, or missing signage can also contribute to crashes, sometimes leading to municipal liability claims.

What Factors Will Affect the Value of Your Car Accident Claim?

No two car crashes are the same, and the value of a car accident claim can vary on a case-by-case basis. Many factors will affect the value of your claim, including:

The severity of your injuries
How your injuries affected your ability to work
Long-term effects of your injuries
How your injuries were treated
How your injuries affected your daily life
Length of your recovery
The need for long-term care
Impairments
Cognitive losses

Don’t trust an insurance company to tell you how much your claim is worth. Insurance companies want you to settle for as little as possible and are under no obligation to reveal the true value of your claim. Instead, turn to the independent, trusted Personal Injury Lawyers in Halifax at McKiggan Hebert for help calculating the value of your injury claim.

Can You File A Claim If Your Loved One Was Killed In A Car Accident?

Sadly, many people suffer fatal injuries in car crashes in Nova Scotia. If you’ve lost a loved one in a car accident caused by another driver’s negligence, your family could be entitled to compensation for your tragic loss.

The law only allows certain family members to file a claim to recover compensation for the loss of their loved one. In Nova Scotia, only the victim’s family members have the right to take legal action:

Parents (including step-parents)
Grandparents
Children (including step-children)
Grandchildren
Spouses (including common law spouses)

Seeking Compensation After a Fatal Motor Vehicle Accident in Nova Scotia

Losing a loved one in a motor vehicle accident is an unimaginable tragedy. While filing a claim or lawsuit will not bring your loved one back, it can provide your family with the financial support needed to recover from the devastating consequences of their death. The compensation you are entitled to for your loved one’s passing can help cover funeral expenses, lost income, loss of care, loss of companionship, and loss of guidance. However, the amount of compensation varies based on several factors, including the circumstances of the accident and the extent of your losses.

If you are facing such a heartbreaking situation, it’s crucial to consult with a personal injury lawyer at McKiggan Hebert Lawyers. Our team is deeply committed to helping families navigate the legal process after a fatal accident in Nova Scotia. We can help you understand your legal rights and the value of your motor vehicle accident claim.

Dealing with an insurance company can be complex and stressful, especially when trying to determine fair compensation for such an emotional loss. Our compassionate lawyers will handle negotiations with the insurance company and fight for the compensation you and your family deserve. At McKiggan Hebert Lawyers, we understand how devastating it is to lose someone due to an accident that could have been prevented. Let us support you and advocate for your family during this difficult time. Reach out to our firm today to discuss how we can help you move forward.

Eligibility for Compensation After a Car Accident in Halifax

If you’ve been injured in a car accident in Halifax, you may be eligible for compensation to cover medical expenses not covered by MSI, loss of valuable services around the home, lost wages, loss of earning capacity, and pain and suffering. In Nova Scotia, compensation eligibility depends on several factors, including the severity of your injuries, the circumstances of the accident, and the extent of your financial losses. At McKiggan Hebert, we are committed to helping individuals navigate the complex process of pursuing compensation after a car accident.

To be eligible for compensation, you must first determine if your injury meets the legal criteria set by the province. Nova Scotia operates under a fault-based negligence system, meaning that you must bring a claim against the at-fault driver or other responsible parties. Severe injuries, such as broken bones, traumatic brain injuries, and spinal cord damage, are compensated based on long-established legal principles. However, compensation for minor injuries, such as sprains and strains, may be limited to the “minor injury cap,” a legislated maximum for minor injuries.

In addition to proving the extent of your injuries, you must also provide evidence of your losses, such as medical records, accident reports, and documentation of lost income and out-of-pocket expenses. In some cases, the at-fault defendant’s insurance coverage may not cover all of your losses and you may need to claim against your own auto insurer under your underinsured coverage. This is especially true if you face long-term rehabilitation or are unable to return to work. This is where a personal injury claim can provide you with the necessary support to cover future uninsured medical treatment and any other long-term consequences.

Our team at McKiggan Hebert will guide you through the process, ensuring you understand your rights and helping you pursue the compensation you deserve. Contact us today to schedule a consultation and discuss how we can assist you in recovering from your car accident injury in Halifax.

Time Limits for Filing a Car Accident Claim

Under Nova Scotia law, most personal injury claims arising from car accidents must be commenced within two years. This two-year period generally starts on the date of the accident.

However, there are important exceptions and special considerations:

Minors: If a child is injured in an accident, the two-year limitation period does not begin until they reach the age of majority, though specific rules and limitations still apply.
Discovery Rule: In some instances, injuries or related complications may not be immediately apparent. The “discoverability” rule could extend the limitation period, but only if you can show you were not aware of the injury’s nature or cause. This rarely applies.
Insurance Deadlines: Even if you are within the two-year limitation window, certain insurance-related deadlines may be much shorter. For example, you might need to inform your insurer about certain claims within days or weeks of the accident.
Wrongful death: Claims for wrongful death must be started within one year of the date of death.

Claims against municipalities: These claims must be started within one year, and other notice periods apply.

Failing to start a lawsuit within the time limits can result in losing your right to pursue compensation altogether. So, it is wise to consult with a lawyer as soon as possible after an accident to clarify your deadlines and ensure all necessary paperwork is filed promptly.

FAQ: Car Accident Claims in Halifax

How long do I have to file a car accident claim in Halifax?

In Nova Scotia, the general limitation period for filing a personal injury claim after a car accident is typically two years from the date of the accident. For lawsuits against a municipality and for wrongful death claims, the limitation period is shortened to one year. Where a minor is injured the limitation period starts to run when the child turns 19.

Additionally, certain insurance claims must be made within shorter statutory deadlines, so it is essential to act quickly and seek legal advice as soon as possible. Missing the applicable deadline to file a lawsuit could bar you from receiving any compensation or benefits.

What do I do if I miss a limitation period?

Don’t give up hope. Consult with a Personal Injury Lawyer immediately. The Limitations Act of Nova Scotia allows a judge to extend a limitation period in some circumstances. But this must be done without further delay. The longer you wait after a deadline has passed, the harder it is to convince a judge to extend the deadline.

What if the other driver doesn’t have insurance?

Driving without insurance is illegal in Nova Scotia. Still, it does happen on occasion. If you are involved in an accident with an uninsured or unidentified driver (such as in a hit-and-run scenario), you may be able to access coverage through the mandatory “uninsured automobile coverage” portion of your own policy. This insurance could compensate you for injuries and damages up to the policy limits.

However, the process can be more complicated than a straightforward claim against an insured driver. You must notify your insurer as soon as possible and follow all required steps to receive uninsured motorist coverage. Consulting a lawyer can help you navigate these complexities more effectively.

Even if you have no “uninsured automobile coverage,” the government has set up a fund through the Facility Association which acts like insurance up to $500,000 per incident.

Can I still recover compensation if I was partially at fault?

Yes. Under Nova Scotia’s contributory negligence rules, you may still recover compensation if you contributed to the accident, but your award will be reduced based on your percentage of fault. For instance, if you are found 25 per cent responsible for the accident, you might receive 75 per cent of the compensation for your injuries and losses.

In practical terms, determining fault percentages can be contentious, and both insurers and courts will closely analyse all evidence. Having legal representation during negotiations or litigation can help ensure you are treated fairly in fault apportionment.

Nova Scotia has a seatbelt law that requires compensation to be reduced by 25% if you weren’t wearing a seatbelt at the time of the accident.

What types of damages can I claim after a car accident?

Damages in a car accident can include compensation for medical expenses not covered by MSI or equivalent public health care in other provinces (physiotherapy, rehabilitation therapies, prescriptions, counselling, etc.), lost income (both past and future), loss of ability to perform tasks at home and property maintenance, property damage, and pain and suffering. In more serious cases, you might also claim damages for loss of earning capacity if you can no longer perform your job due to long-term injury.

Pain and suffering damages are determined by various factors, including the extent of your injuries, the impact on your daily life, and the likelihood of long-term or permanent disability. Nova Scotia law may place certain guidelines or caps on pain and suffering, particularly in minor injuries, so understanding the applicable legislation is vital.

Do I need a lawyer to handle my car accident claim?

While you are not legally required to hire a lawyer, having skilled legal representation can significantly increase your chances of receiving fair compensation. Insurance companies have adjusters and legal teams dedicated to minimizing payouts. A lawyer familiar with personal injury and insurance law in Nova Scotia can help gather evidence, liaise with medical experts, and negotiate with insurers. They can also represent you in court if a fair settlement cannot be reached. Engaging a lawyer often puts you on more equal footing and can alleviate much of the stress associated with pursuing a claim.

What should I do if my Section B insurance claim is denied?

In Nova Scotia, if you are injured in a car accident, you are entitled to limited (partial) compensation whether or not you were at fault. These no-fault accident benefits (also called Section B benefits) are available from your own auto insurer. If you have no auto insurance, Section B benefits are available from the auto insurance covering any of the vehicles involved. If your Section B insurance claim is denied, the first step is to review the denial letter from your insurer, as it should outline the reasons for refusal. Common reasons include insufficient evidence, missed deadlines, or disputes over coverage limits. You have the right to appeal the denial by providing additional evidence, such as medical records or witness statements, and requesting a review from your insurer. If the denial persists, you can file a complaint with the Nova Scotia Insurance Review Board or pursue legal action, usually in Small Claims Court. Consulting a lawyer can help you assess your options and challenge the Section B denial effectively.

Free Crash Course Book: A Resource for Nova Scotia Accident Claims

McKiggan Hebert Lawyer’s partner John McKiggan wrote Crash Course, The Consumer’s Guide to Car Accident Claims, to help people who have been involved in a car accident make an informed decision about the steps to take for their case and to educate people about the process. Click on the link to get a free copy of The Consumer’s Guide to Car Accident Claims: Crash Course, A Resource for Nova Scotia Accident Claims.

Schedule A Free Consultation With Our Halifax Car Accident Lawyers

If you have been injured in a car accident in Halifax, it’s in your best interest to seek legal representation from a skilled auto accident lawyer at McKiggan Hebert. Our car accident lawyers have years of experience helping the injured secure the compensation they are entitled to by law. Now, let us help you.

We know what it takes to win compensation for our clients—let us prove it to you. Learn more about your legal options—and how we can help—during a free consultation with our team. To schedule your no-cost consultation, call 902-706-2298 or fill in our online form, and we will contact you.