Summerside Wrongful Death Lawyers Support and Fight for Victims’ Families & Loved Ones 

The anguish of losing a family member or partner is devastating. It’s crippling and all consuming, particularly in cases where the loss occurs without warning. However, when the cause of the loss is due to the thoughtless behavior or negligence of another person, the sorrow can be too much to bear.

As you struggle to come to terms with your loss, you’re faced with a whirlwind of funeral arrangements, estate settlements and interviews. And all the while, you can’t help but wonder how this could have happened, and could it have been avoided.

That’s why it’s important to have someone in your corner that understands the emotional and financial toll that a wrongful death can take on a family. That helps you to make sense of the situation, and what to do next. That’s where NOVA Injury Law comes in. We’re dedicated to helping you seek the justice and compensation you deserve, and from the moment you contact us, we’ll start working tirelessly on your behalf. We’ll gather, analyze, and catalog all the evidence needed to build a strong case. We’ll handle all the legal details so that you can focus on healing and rebuilding your life.

No one should have to suffer the loss of a loved one because of someone else’s negligence. At NOVA Injury Law, we believe in fighting for justice and holding those responsible accountable for their actions. You don’t have to face this alone. Let us help you through this difficult time.

How are Wrongful Death Claims governed on PEI?

On Prince Edward Island, the Fatal Accidents Act is the legal framework that governs lawsuits concerning wrongful death cases. It permits the family or dependents of an individual who lost their life due to the wrongful actions or negligence of another party to initiate legal proceedings seeking compensation.

Eligible individuals who may file a claim comprise the deceased person’s spouse, children, parents, siblings, as well as anyone who relied on the deceased person for financial support at the time of their demise.

To succeed in a wrongful death claim, the plaintiff must demonstrate that the defendant’s wrongful act or negligence caused the death of the deceased and that the plaintiff suffered damages as a result of the death. These damages may include compensation for loss of income, loss of companionship, and funeral expenses.

It’s essential to note that there is a two-year limitation period from the date of death to file a wrongful death claim on Prince Edward Island. Therefore, seeking the counsel of an experienced lawyer as soon as possible is critical if you suspect you have a wrongful death claim.

Common examples of wrongful death accidents

Wrongful deaths encompass more than just motor vehicle accidents. Several fatal injuries can qualify as wrongful death cases, including medical malpractice resulting in death, hazardous environments, exposure to dangerous chemicals, workplace accidents such as construction accidents, accidents involving other vehicles like boats, planes, motorcycles, and ATVs, assault or other criminal activities, defective or faulty products, sporting accidents, and in some cases, suicide (if caused by negligence by another party) may also be classified as a wrongful death.

If you suspect that you have lost a loved one due to wrongful death, don’t hesitate to contact NOVA Injury Law for a Free Case Review. Our team will be happy to answer any questions you may have and work with you to determine the best course of action.

How to determine whether your Wrongful Death claim is valid

NOVA Injury Law provides Free Case Reviews for Islanders in Summerside. We will seek specialist advice related to the deceased’s death allowing us to begin building a compelling case immediately. For example, if the death was caused by heavy machinery failure, we would seek advice from operators of that same machine, and even manufacturers of that type of machinery. By leaving no stone unturned in these early stages of preparation, the respondent to your claim will immediately feel the strength of your case when we start negotiations and file the claim in court.

1. The first step in bringing a claim is to establish that there is a legal basis for it. This requires demonstrating that your loved one’s death was caused by the negligence, recklessness, or the intentional act of another.
2. The second step is to determine who will bring the claim on behalf of your loved one; usually a family member on Prince Edward Island. We will then assess the damages sustained by the person bringing the claim, which could include lost income, funeral expenses, and pain and suffering costs.
3. Finally, we will evaluate the overall viability of the claim. If we determine that the claim has merit, we will file your wrongful death suit in court.

How will NOVA Injury Law seek to maximize settlement sums for family members of wrongful death victims?

At NOVA Injury Law, we go the extra step to look after the families of wrongful death victims, and this is what differentiates us from other law firms in Summerside.

We approach each stage of a wrongful death suit with meticulous attention to detail. Initially, our team of lawyers will collect all relevant evidence related to the case, including medical records, police reports, and witness statements.  Here, we are establishing which person or company is responsible for the negligent act leading to the death of your loved one. We are also weighing up if there are any contributing factors that strengthen or weaken your claim.

We then evaluate the damages you are entitled to recover, which may include lost income, medical expenses, funeral expenses, and pain and suffering.

We pay particularly close attention to 6(3c) of the Fatal Accidents Act where it sets out requirements to compensate a claimant for the emotional and psychological support, affection, and guidance they would have received from their loved one, had they not died.

To support this aspect of the claim, we build a detailed case file on the relationship between the deceased and their loved one, using personal effects such as photographs, messages, and gifts. Additionally, we seek testimony from psychologists and counselors to provide a professional analysis of the extent to which the loss will impact the claimant into the future.

The amount of a wrongful death settlement can vary significantly depending on several factors, such as the deceased person’s age, income, and future earning potential, as well as the severity of the negligence or wrongdoing that caused their death.

Finally, we leverage our negotiation skills to secure you the highest possible amount of compensation.

Who will try to prevent families from seeking fair compensation in the case of a wrongful death?

In many cases, the defendant or their insurance company often seek to dispute liability by asserting that the deceased individual bears full or partial responsibility for their own demise. This legal concept is referred to as contributory negligence and is outlined in section 8 of the Fatal Accidents Act. Additionally, there are instances where the defendant might endeavor to undermine your case by alleging insufficient evidence to support a wrongful death claim.

Take control of your situation and let NOVA Injury Law fight for you

Get in touch with NOVA Injury Law today for a Free Case Review. Right from our initial consultation, we will gather evidence to construct a robust case file. This step is pivotal in the event that we choose to proceed with legal action and file a lawsuit in court.

What sets NOVA Injury Law apart from other law firms in Summerside is our close collaborations with medical experts in various fields. Not only do these connections help us with our cases, they also allow us to provide holistic support to our clients, who in the case of wrongful death claims, are often going through immense pain and trauma.

Our Principal Lawyer, Jeff Mitchell is a member of the Prince Edward Island Law Society, and he, like our lawyers, is actively involved in the Summerside community.  We will leverage our relationship with professionals, community groups, and volunteers across the city to build a robust case and provide you with the necessary support.

We understand that pursuing a wrongful death lawsuit can be intimidating. Our compassionate team of lawyers will support you every step of the way.

Book now to schedule your Free Case Review and initial consultation, with no obligation. Remember, our contingency fee agreements mean that you don’t pay us unless we win your case.

For further details or to schedule an initial consultation regarding a wrongful death or fatal injury case, you can call us at 1-800-262-8104. Our team is available 24/7 to support you. You can also contact Jeff Mitchell at jeff@novainjurylaw.com to learn more about your wrongful death claim right away.