Losing a loved one in a car accident is one of the hardest things a family can go through. Along with grief, families often face funeral costs, insurance issues, financial worries, and many unanswered questions.

One question many families ask is whether they can take legal action against the person who caused the crash.

In Nova Scotia, the answer is often yes. 

If someone dies because another driver acted carelessly, certain family members may be able to make a legal claim. These claims are usually handled under Nova Scotia’s Fatal Injuries Act.

Losing a loved one can never be made right. However, a legal claim may help a family recover financially and move forward after a tragic loss.

What Is a Fatal Accident Claim?

A fatal accident claim is a civil legal claim. It can be made when someone dies because of another person’s wrongful act or negligence.

In car accident cases, this may happen when a driver:

  • Drives while impaired by alcohol or drugs;
  • Texts or uses a phone while driving;
  • Speeds;
  • Runs a red light or stop sign;
  • Drives aggressively;
  • Falls asleep at the wheel; and
  • Drives carelessly in another way.

When those actions cause or contribute to a fatal crash, certain family members may be entitled to compensation.

A fatal accident claim is different from a criminal case. For example, a driver may be criminally charged with drunk driving while the family also brings a separate civil claim.

The purpose of a civil claim is to help the family recover money for losses caused by the death.

What Is the Fatal Injuries Act in Nova Scotia?

The Fatal Injuries Act is the Nova Scotia law that governs many claims by family members following a wrongful death.

It allows certain family members to gain compensation when a loved one dies because of someone else’s actions. The law recognizes that a death can create both emotional and financial hardships for a family.

Depending on the situation a family may be able to recover money for funeral and burial costs. Lost financial support, loss of care and guidance. Loss of companionship, loss of household help or medical expenses before death.

Because every case is different, it is often helpful to speak with a lawyer about your options and what losses may be legally claimed.

Who Can File a Fatal Accident Claim in Nova Scotia?

The Fatal Injuries Act limits the people who may bring a claim. Eligibility depends on the facts of the case and the relationship to the deceased person.

Generally, a lawsuit is initiated by the executor or administrator of the deceased’s estate for the benefit of the eligible family members. If there is no executor or administrator, or if the executor or administrator does not sue within a certain amount of time, an eligible family member may be able to do so.

Spouses or Partners 

A surviving spouse or common-law partner may be able to recover money for the support, companionship, and help their loved one provided.

Children

Children may be able to seek compensation for the loss of a parent’s care, guidance, support, and future financial assistance. The Act’s definition of a “child” extends to stepchildren and includes grandchildren.

Parents

Parents may also have the right to bring a claim if their child was killed in a car accident caused by another person’s actions. The Act’s definition of a “parent” additionally includes stepparents and grandparents.

Other Family Members

In some situations, other relatives who depended on the deceased person for financial support may also be able to make a claim. Not every relative is entitled to compensation under the Fatal Injuries Act.

Every family situation is different. A lawyer can review your circumstances and explain whether you may be able to bring or participate in a claim.

What Must Be Proven in a Fatal Accident Claim?

To receive compensation, families usually need to show that another person’s careless actions caused the crash and resulted in the death of their loved one. This usually involves four legal elements.

Duty of Care

All drivers have a legal responsibility to drive safely and follow the rules of the road.

Breach of Duty

The person responsible for the crash failed to drive safely and did not meet the standard of care required when operating a vehicle. This may include impaired driving, distracted driving, speeding, or other dangerous behaviour.

Causation 

The person’s actions must have directly caused the crash and the resulting death. 

Damages

The family must have suffered losses because of the death.

Evidence in fatal accident cases often includes:

  • Police reports;
  • Witness statements;
  • Medical records; 
  • Accident reconstruction evidence;
  • Surveillance or dashcam footage; 
  • Toxicology reports; and
  • Expert opinions. 

Gathering evidence as soon as possible is important, especially if there is a disagreement about who caused the crash.

Money can never replace a loved one. However, compensation may help ease some of the financial stress that follows a tragic loss.

The amount available depends on the facts of the case and how the death has affected each eligible family member.

Funeral and Burial Expenses

Families may be able to recover reasonable funeral, burial, cremation, and memorial expenses.

Medical Expenses

If the deceased loved one received medical treatment before passing away that caused the family to incur expenses, some of those costs may form part of the claim.

Loss of Income and Financial Support

Many families depend on the income and support a loved one provides. When that person dies, the loss can create serious financial challenges.

A family may be able to recover money for income and support their loved one would likely have provided in the future.

Loss of Care

Family members may also be able to receive money for the loss of a parent’s guidance, emotional support, companionship, and care.

Loss of Household Services

A claim may also include the value of the help the person provided at home. This can include childcare, cooking, transportation, home maintenance, and caregiving.

Punitive Damages

In very rare cases, a court may award punitive damages. These damages are meant to punish especially dangerous behaviour. Examples may include drunk driving, street racing, or other extremely reckless actions.

What if the Deceased Person Was Partially at Fault?

In some crashes, more than one person may share legal responsibility.

A family may still be able to recover compensation even if the deceased contributed to the collision. However, the amount recovered may be reduced to reflect the deceased’s share of responsibility.

For example, if the person who died was found to be 20% responsible for the crash, the compensation awarded may be reduced by 20%.

Insurance companies sometimes argue that the person who died was partly responsible for the accident. Because of this, determining fault can be an important part of a fatal accident claim.

Can Multiple Parties Be Responsible?

Yes. Some fatal crashes involve more than one person or organization.

Depending on the circumstances, responsibility may involve another driver, a vehicle owner, an employer whose employee was acting in the course of employment, a trucking company, a vehicle or part manufacturer, a government road authority, or another party whose negligence contributed to the collision.

Finding everyone who may be responsible is important. This is because it can affect the legal issues to be determined and amount of compensation available.

How Do Insurance Claims Work After a Fatal Car Accident?

Insurance companies are often involved soon after a fatal crash. Depending on the situation, money may be available from more than one insurance policy.

Insurers for another driver may contact families shortly after an accident and request information, statements, authorizations or a release. They may seem helpful. But, it is important to be careful before signing documents, giving recorded statements or accepting a settlement offer.

An early settlement may not fully reflect the long-term financial impact of losing a loved one. Before accepting any settlement, it may be helpful to speak with a lawyer about your options.

How Do Section B Benefits Affect Fatal Accident Claims?

In Nova Scotia, Section B accident benefits are part of every standard auto insurance policy. These benefits may provide some financial help after a fatal accident. Even if the crash was not your loved one’s fault

Depending on the circumstances, benefits may be available for various costs. Funeral costs, death benefits for eligible family members, and limited financial support.

These benefits are often much smaller than the compensation that may be available through a legal claim. Families may still be able to seek compensation for lost income. Also for lost support, loss of care, and other losses related to the death.

Every situation is different. It is important to understand all available insurance coverage before accepting compensation.

What if the At-Fault Driver Was Uninsured?

A family may still be able to recover compensation even if the driver who caused the crash did not have insurance. In some cases, money may still be available through other types of insurance coverage.

Nova Scotia automobile insurance includes mandatory uninsured and unidentified automobile coverage. Subject to the regulations and policy terms, this coverage can respond where a person insured under the contract is legally entitled to damages for bodily injury or death caused by an uninsured or unidentified automobile.

Whether that coverage applies depends on the deceased’s insurance status, the circumstances of the collision and other available insurance.

Insurance issues can become particularly complicated after a fatal crash involving an uninsured driver, unidentified vehicle, multiple vehicles or multiple policies.

Can Families Sue After a Drunk Driving Accident?

Yes. If a drunk or impaired driver causes a fatal crash, surviving family members may be able to bring a civil claim.

In some cases, responsibility may also extend to other parties, such as a business that served alcohol to an obviously impaired person. A civil claim can move forward even if criminal charges are also filed against the driver.

What Happens if Criminal Charges Are Filed?

A criminal case and a civil claim are separate legal processes. The criminal case focuses on punishment and public safety. The civil claim focuses on helping the family recover compensation for their losses.

A civil claim does not necessarily depend on criminal charges being laid or on a criminal conviction. A family may still succeed in a civil claim even if criminal charges are not filed or the driver is found not guilty.

How Long Do Families Have to File a Claim?

Time limits apply to fatal accident claims in Nova Scotia. Under section 10 of the Fatal Injuries Act, an action generally must be started within 12 months after the death of the deceased person. This specific limitation period applies to fatal injury claims rather than the general two-year limitation period under the Limitation of Actions Act. Because limitation periods can depend on the circumstances of a case, families should speak with a lawyer as soon as possible

Waiting too long can create problems. Important evidence may be lost, witnesses may forget details, and records may become harder to obtain. Speaking with a lawyer early can help make sure important deadlines are not missed.

How Long Does a Fatal Accident Claim Take?

Every case is different. Some claims settle through negotiations within a few months and without a trial. Others can take considerably longer, particularly where responsibility is disputed, multiple parties are involved, or the financial losses require expert evidence.

Families understandably want answers as soon as possible. However, accepting a settlement before the claim has been properly investigated and valued may result in receiving less money than the claim is worth, and prevent the family from recovering additional compensation later.

Do Families Need a Lawyer for a Fatal Accident Claim?

Fatal accident cases are often complex.

The person responsible for the crash may deny fault. Insurance companies may disagree about the value of the claim. In some cases, experts are needed to calculate future financial losses.

Families must also cope with the emotional impact of losing a loved one while managing the legal process.

The right legal guidance can help make these challenges easier to manage.

Common Challenges in Fatal Accident Claims

Fatal accident cases can involve significant legal and practical challenges.

Disputed Liability

The at-fault party may deny responsibility for the collision 

Insurance Company Tactics

Insurance companies may try to pay less by blaming someone else for the crash or questioning the family’s losses.

Complex Financial Analysis 

Claims involving lost future income often require financial experts to assess the long-term financial impact of the death.

Emotional Stress 

Reliving the circumstances of a loved one’s death can be emotionally overwhelming for surviving family members. Having appropriate legal and personal support can make the process easier to manage.

What Steps Should Families Take After a Fatal Car Accident?

After a fatal crash, there are several steps families can take to protect their rights.

First, obtain a copy of the police report if possible. This report may contain important information about the accident and who was involved. Take steps to preserve important evidence such as photographs, video recordings and witness information.

Families should keep track of funeral costs, medical bills, insurance papers, work records, and other costs related to the death. It is also wise to be cautious when speaking with insurance companies before receiving legal advice.

Most importantly, a claim under Nova Scotia’s Fatal Injuries Act usually must be started within 12 months of the death. Seeking legal advice early can help ensure that evidence is preserved, the proper parties are identified, and important deadlines are not missed.

Final Thoughts

Losing a loved one in a car accident can have a lasting impact on a family. While no amount of money can bring a loved one back, a legal claim may help reduce financial stress and provide support during a difficult time.

Families in Nova Scotia may be able to recover compensation when a loved one dies because of another person’s actions. Because every case is different, a lawyer can help you understand what rights you may have and what steps you can take Contact NOVA Injury Law for a free consultation.

This article is for informational purposes only and does not constitute legal advice.