Bridgewater Wrongful Death Lawyers
Losing a loved one is always devastating, especially if it happens unexpectedly. Grief is a complicated process made even worse if the death was preventable and happened due to someone else’s negligence. Legally, this is known as wrongful death: when a person dies as a result of another party’s careless, reckless, or intentional actions.
If your family is facing the heartbreaking aftermath of a wrongful death, we extend our deepest sympathies. The compassionate team at NOVA Injury Law has helped many grieving families navigate the legal system under these difficult circumstances. We understand the void that tragedy leaves, and we want to support you any way we can.
Our team is approachable, caring, and ready to help. We’re focused on making the legal process as clear and manageable as possible. Though nothing can undo your loss, pursuing a wrongful death claim can provide compensation and a way to hold the responsible party financially accountable for their harmful actions.
If your loved one’s death was caused by someone else’s actions or lack thereof, the wrongful death lawyers at NOVA Injury Law are just a call or email away. Contact us today to arrange a free consultation. We’re here to stand by your side and provide the respect, care, and legal experience your family deserves.
Types of Accidents That May Lead to Wrongful Death
Unfortunately, fatal accidents occur more often than many realize. Wrongful death claims may arise from a broad range of incidents, but they typically share the common thread of negligence, recklessness, or a failure to ensure the environment is safe. In Bridgewater and across Nova Scotia, some of the most common scenarios that give rise to wrongful death lawsuits include the following:
Vehicle and Workplace Incidents
- Car accidents are one of the leading causes of wrongful death, especially when a driver is impaired, distracted, or speeding. These collisions can also result from defective auto parts, shifting liability to the manufacturer.
- Construction accidents often occur when safety procedures are ignored, heavy equipment is improperly maintained or operated, or pedestrians are exposed to hazardous conditions lacking proper signage, such as falling objects or unsecured scaffolding.
- Workplace accidents can result from poor training, outdated or faulty equipment, or dangerous working practices. When employers fail to prioritize safety, they may be held liable for any resulting deaths.
Establishing who is at fault is critical in any wrongful death case, especially those that may have multiple contributing factors. For the best chance at securing justice for the family, thorough investigation should be completed as soon as possible to preserve evidence and ensure the liable parties are held accountable.
Medical and Institutional Negligence
- Medical malpractice can lead to wrongful death when medical errors turn fatal, including misdiagnoses, delayed treatment, surgical mistakes, or prescription drug errors. In many cases, these preventable incidents occur due to systemic failures in hospitals or clinics leading to negligence.
- Nursing home abuse is a common cause of wrongful death in older individuals. Neglect, inadequate supervision, or explicitly harmful conduct may cause fatalities among vulnerable residents from preventable falls, untreated infections, malnutrition, or dehydration.
Healthcare professionals and institutions like long-term care facilities are legally required to protect the well-being of their patients and residents. Failure to do so is a breach of their duty of care, especially when a death occurs as a result. A wrongful death lawsuit can hold the responsible party accountable and provide a path to closure for the grieving family.
Product and Fire-Related Fatalities
- Defective products, such as malfunctioning vehicle parts, toxic consumer goods, or unsafe household appliances, may lead to fatal injuries. When consumer death occurs due to a product’s dangerous design, poor manufacturing, or lack of appropriate warnings, it may give rise to a product liability case.
- Deadly fires may stem from faulty electrical systems, substandard building materials, or violations of building or fire safety codes. In many cases, the key question is whether the death could have been prevented through proper maintenance, compliance, or safety planning.
In both scenarios, proving negligence or liability typically involves expert analysis, product testing, fire forensics, and a careful examination of safety compliance records.
Filing a Wrongful Death Claim in Bridgewater
Deciding whether to take legal action after the loss of your loved one is not a choice to be made lightly. The process can be difficult and emotionally taxing, but for many families, it is also the only avenue available that can provide answers, justice, and support for the future. If you’re considering filing a wrongful death claim in Nova Scotia, having a thorough understanding of the process involved and a trusted legal team by your side is essential in moving forward.
How to Start a Lawsuit
To file a wrongful death suit, the claim must be brought under the Fatal Injuries Act. A successful claim must show that the death would not have occurred but for the negligent act, and that the type of injury was reasonably foreseeable by the wrongful party.
Given the complex legal and factual issues involved when bringing these claims, it’s crucial to work with a legal team that has experience in wrongful death cases. Your lawyer will take over the coordination of investigations, work to secure expert evidence, and ensure the claim is brought properly and on time.
The claims process includes:
- An initial consultation and case review;
- Gathering evidence of fault;
- Identifying liable parties and beneficiaries;
- Quantifying losses;
- Filing the claim through the executor of the deceased’s estate;
- Negotiations and settlement discussions with the representatives of the at-fault party; and
- Proceeding to trial if necessary.
Building a Strong Legal Team
Assembling a dedicated legal team from a law firm that you feel comfortable with makes all the difference; not just in the outcome of your case, but also in how supported you feel throughout.
At NOVA Injury Law, our lawyers handle all files with the level of tact and respect they deserve. Every case is unique, so we tailor our approach to the specific circumstances of your claim and will work closely with you throughout the process to ensure that all your needs are met.
Who Can Sue for Wrongful Death
Under Nova Scotia’s Fatal Injuries Act, only one wrongful death claim can be brought for a death, and all eligible parties must join in on that action. The claim is usually brought by the executor of the estate, but if there is no executor or if more than six months have passed, it may be brought by another close family member of the deceased, such as their spouse, common-law partner, parent, or child.
Eligible relatives of the deceased that are permitted to join the claim include:
- Their spouse or common-law partner;
- All children and stepchildren;
- Any grandchildren;
- Their parents and stepparents; and
- Grandparents.
Damages and Compensation in Wrongful Death Cases
Types of Damages Awarded
In Nova Scotia, economic and non-economic damages available in wrongful death cases focus on compensation based on the specific losses that each individual surviving family member has suffered. Economic damages involve tangible financial losses related to the death; while non-economic damages include losses that are more personal or emotional.
Recoverable categories include:
- Loss of income and financial support;
- Loss of services, such as childcare or home maintenance;
- Funeral and burial expenses;
- Pre-death medical or caregiving expenses; and
- Loss of guidance, care, and companionship.
Navigating Legal Challenges in Wrongful Death Lawsuits
Proving Negligence and Liability
In civil court, successfully establishing liability in a wrongful death lawsuit requires proving that someone else’s negligence caused the death of your loved one. All elements of negligence must be met, including:
- Your loved one was owed a duty of care;
- Careless or reckless actions resulted in a breach of that duty;
- Without the breach, the death would not have occurred;
- The surviving family has suffered measurable losses or damages as a result; and
- The death was a foreseeable result.
When communicating with insurance companies, it can be especially difficult to reach an agreement on apportionment of liability. Often, it is the goal of insurance companies to minimize payouts and avoid fault admittances. They may employ strategies including placing blame on the deceased for their death, disputing that the cause of death was related to their client, or disagreeing with the quantification of the family’s losses.
Statute of Limitations
In Bridgewater, as in all of Nova Scotia, strict time limits apply when filing a wrongful death lawsuit, otherwise known as the statute of limitations. If the deadline is missed, you risk your legal right to sue being permanently extinguished.
Typically, wrongful death lawsuits must be filed within 12 months of the death under the Fatal Injuries Act, but Nova Scotia courts recognize that families aren’t always immediately aware that the death was wrongful. In many of those cases, the 12 month time limit does not start until the family discovers that the death was wrongful.
Delays in pursuing your claim can severely impact your case. Even if a lawsuit is filed within the limitation period, the strength of your case may suffer if delays have impacted the gathering of evidence. Contacting legal representation early ensures that the lawyers handling your file have sufficient time to craft thorough arguments and build up your case with the information and proof it needs to succeed.
The Role of Civil Court
If a claim cannot be resolved through settlement discussions, it may proceed to civil court. There, a judge will review the evidence, determine whether the defendant is legally liable, and decide the appropriate amount of compensation to award.
During the court process, both parties have the opportunity to present evidence, call expert witnesses, and make legal arguments. The judge will assess whether the defendant’s actions meet the legal threshold for fault, and upon reaching a finding of liability, the court will award damages to the eligible surviving family members based on the evidence presented.
Why Hire a Bridgewater Wrongful Death Lawyer
At NOVA Injury Law, we know that losing a loved one is one of the most painful experiences a family can endure. When that loss is caused by the negligence of another, the emotional toll is compounded. In the midst of grief, trying to navigate the legal system alone can feel overwhelming.
Our local lawyers understand not only Nova Scotia’s legal frameworks, but also the unique workings of regional courts, judges, and insurers. We’re deeply integrated in the community, and are dedicated to approaching your case with both compassion and skill. From the first conversation to the final resolution, our team is there to guide you through every step of the process.
We know how difficult it is to take that first step and appreciate the importance of providing a pressure-free environment where questions can be asked openly and free from judgement. For anyone struggling to come to terms with a wrongful death, we encourage you to take advantage of our free consultation. We’ll listen carefully to your concerns, explain your options, and help you decide what feels right for your family.
Speak with NOVA Injury Law Today
Proceeding with a wrongful death claim is emotionally taxing, and our team understands that no legal action can ever replace the life of a loved one. Our role is not only to guide you through the legal process, but also to provide you with care and compassion during this incredibly difficult time.
No one should ever have to go through this process alone. Contact the team at NOVA Injury Law today by phone at (902) 700-7668 or email at info@novainjurylaw.com to book your free consultation. Our Bridgewater wrongful death lawyers are committed to handling the legal burdens so that you can focus on what’s important: grieving, healing, and being with your loved ones.
