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When another person acts recklessly or negligently, causing severe, catastrophic, or fatal injuries, you need the protection of a Halifax personal injury lawyer you can trust to take the legal actions necessary to seek justice and full compensation.
Injury Claims and Lawsuits in Nova Scotia: Your Advocate for Justice
After a serious injury, it can be challenging or impossible to return to the life you enjoyed before the incident. You may be unable to work and earn a living, practice your profession, or need long-term medical care that is not covered by MSI or other public health insurance to treat or care for your injuries. In these cases, having access to the financial support you and your family need to survive is of utmost importance. A Halifax personal injury lawyer from our firm can evaluate your situation and advise you about moving forward to pursue justice and the compensation you deserve.
The types of compensation pursued by your attorney will include the following:
- Medical costs: The non-MSI covered costs incurred in treating the injuries, such as medications, rehabilitation therapies, medical devices and aids, counselling, and the estimated costs of future care.
- Lost income: If you cannot work and earn a living due to the injuries sustained, the economic damages are extensive and can include lost wages, lost future earning capacity, and other financial losses as a direct result.
- Loss of housekeeping and other valuable services: If you cannot perform all of the tasks that you would normally perform around the house, including cleaning, cooking, laundry, shopping, yard maintenance, building maintenance, and repairs, you may be enticed to the replacement cost of such valuable services.
- Pain and suffering: Payment for pain and suffering is capped at approximately $400,000 for the most serious personal injury cases. This cap also influences less serious injuries. General damages for pain and suffering will be a vital portion of the compensation pursued in a personal injury claim in Nova Scotia.
How Much is Your Claim Worth?
Every personal injury claim is calculated on an individual basis. Putting a value on an injury claim will require the assistance of medical experts such as neurologists, forensic accountants, economic experts, vocational rehabilitation experts, and life care planners. Cases involving vehicle accidents may require the assistance of professional accident reconstruction experts. Once every detail is investigated and the full scope of the economic and personal losses evaluated, your lawyer can negotiate the terms of a settlement. If a fair settlement is not negotiated within a reasonable timeframe, a lawsuit can be filed to seek justice in court.
The ability to negotiate the terms of a settlement is a critical aspect of resolving a personal injury claim fairly. At McKiggan Hebert Lawyers, our legal team focuses on protecting the rights of the people we represent and ensuring they are treated fairly. We are fully committed to vigorously pursuing the compensation necessary to allow them to move forward and rebuild their lives after a devastating injury.
What Elements Must be Proven in a Personal Injury Case in Nova Scotia?
Filing a claim in a personal injury case requires establishing four elements:
- Duty of care: It must be established that the defendant owed the plaintiff a “duty of care.” This is the duty to act in a manner that does not put others at serious risk of harm
- Breach: It must be established that the defendant breached the duty of care in their actions. The breach may be acts of negligence or willful violations of law.
- Causation: It must be proven with supporting evidence that the accident or injuries would not have occurred had the other party not acted in a negligent manner.
- Damages: The case must involve losses, or “damages,” which include physical, psychological, or personal losses related to the injuries sustained.
When a personal injury case has these four elements, a claim can be filed to pursue compensation for damages.
Catastrophic Injury Claims in Nova Scotia
Some injuries are so severe that the victim will face a future that is changed forever. Catastrophic injuries are so severe that the individual will face life with permanent impairments, whether physical, mental, or both. These injuries can include:
- Amputations
- Spinal cord injuries
- Paralysis
- Traumatic brain injuries
- Vision or hearing loss
- Disfigurement
- Severe burns
- Cognitive impairments
When the injuries are so severe that it will be impossible to return to the lifestyle enjoyed before being injured, the amount of compensation pursued must reflect the significant changes to the victim’s life and future ability to earn a living. In some cases, the injured person will need ongoing nursing care, or a family member can no longer work due to caring for their loved one. All of these issues are factored into the amount of compensation that will be pursued in the case.
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Seeking Justice in a Personal Injury Case in Nova Scotia?
At McKiggan Herbert Lawyers, our legal team takes our duty to our clients very seriously. We understand the extreme stress suffered in these cases and do all we can to reduce the anxiety, allowing our clients to focus on their health and recovery. We stay in close communication as the case moves through the system, and we push for the fastest resolution possible—as long as a fair offer of settlement is forthcoming. We do not believe it is in your best interests to accept a lowball settlement offer that will leave you in financial trouble in the future, and we will fight for what is fair, considering the facts in the case.
Our approach is to treat our clients with compassion, understanding, and support and take on the opposition with professional skills by presenting a well-prepared case. We have the experience, legal skills, and track record of successful claims you need on your side.