Halifax Personal Injury Lawyers
No one ever wants to think that they may suffer a personal injury due to someone’s carelessness. If you have suffered an injury caused by negligence, you may be unsure where to turn for help. At NOVA Injury Law, our highly qualified personal injury lawyers are dedicated to protecting the legal rights of accident victims and helping them obtain the fair compensation they deserve. Our lawyers and legal staff have comprehensive experience assisting clients with their personal injury claims and navigating the complex legal process.
If you have been injured in an accident, please contact our law offices today to schedule a free consultation. We will evaluate your case and determine the best legal options to suit your needs.
What is The Role of a Personal Injury Lawyer?
A personal injury lawyer is key to helping clients obtain financial compensation for their injuries and other accident-related damages. Some of the legal services that personal injury lawyers provide to clients include:
- Thoroughly evaluating the case to determine what legal options are available
- Explaining the legal process so clients know what to expect from start to finish
- Determining liability
- Gathering critical evidence such as police and medical reports, witness statements, and photos and videos that substantiate the claim
- Acting as an intermediary with the insurance company to negotiate a fair settlement for clients
- Taking a case to court if the insurance provider is unwilling to negotiate or offer fair compensation
If you have been injured in an accident, it is always advisable to seek the counsel of experienced legal representation. A skilled legal team will help you recover maximum compensation for the harm you have suffered, especially if you are dealing with a complex injury case.
When to Hire a Personal Injury Lawyer
A common mistake that many accident victims make is waiting to seek legal representation. Often, injured victims will attempt to handle their cases independently, only to realize the claims process is more challenging than they anticipated. The best course of action is to seek immediate legal counsel, especially if your case involves serious injuries or questions regarding liability. It is also worth noting that even a case that may seem straightforward could quickly turn into an insurance dispute with the provider refusing to pay the claim. Regardless of your case, hiring a personal injury lawyer who will act as your legal advocate is always best.
Choosing the Right Legal Team
There are several important factors to remember when choosing a law firm to handle your injury case. One of the most important things to remember is that you will need a lawyer with significant experience handling personal injury law cases. They must have a proven record of recovering client compensation.
Other essential elements that you should look for when selecting a personal injury law firm include:
- The lawyers and staff treat clients with integrity and compassion
- They are skilled in client relations
- The team has positive reviews and testimonials from former clients
- They are effective communicators
Common Types of Personal Injury Cases
Unfortunately, there are many types of personal injuries that victims can suffer due to another person’s negligence. However, some of the most commonly reported personal injury cases stem from motor vehicle collisions and pedestrian accidents, medical negligence, and slip and fall accidents.
Personal injuries can cause victims to suffer minor or serious injuries and cause years of stress and recovery. Bear in mind that an individual who suffers a minor personal injury may be able to resolve their claim more quickly than a victim who has sustained serious injuries. However, due to the legal complexities involved in any personal injury case, it is best to hire a lawyer regardless of the severity of your injuries.
Motor Vehicle and Pedestrian Accidents
Motor vehicle accidents can cause victims to suffer a variety of serious injuries. Some of the most reported motor vehicle accident injuries include:
- Head, neck, and back injuries
- Whiplash
- Fractured or broken bones
- Cuts and abrasions
- Internal injuries
Pedestrian accidents often result in severe or catastrophic injuries. Commonly reported pedestrian accident injuries include:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Soft tissue injuries
Fault for motor vehicle and pedestrian accidents is usually based on negligence. In motor vehicle accidents, the driver who failed to uphold their legal duty of care is usually found liable for the collision. In most pedestrian accidents, the driver is generally considered at fault unless it can be proven otherwise. However, Nova Scotia’s contributory negligence laws may reduce a pedestrian’s financial settlement if it is determined that they share a degree of fault for the accident.
Anyone injured in a motor vehicle or pedestrian accident must prove that the other party did not exercise their legal duty of care and, as a result, caused injuries and actual damages.
Medical Negligence and Malpractice
Patients visiting medical professionals expect quality care that meets legal standards. Medical negligence often occurs when doctors or other medical staff fail to fulfill their legal obligations to provide care of the same quality that other professionals would provide in the same situation. If the patient suffers actual harm caused by the healthcare professional’s negligence, such as permanent injuries, they may be able to pursue a medical malpractice case. Depending on the situation, an injured patient might also endure emotional suffering as they try to recover from physical injuries that stemmed from negligent care.
If you have suffered permanent injuries or your original condition worsened after receiving treatment, you may need to seek legal intervention. Although medical negligence is never something that patients wish to experience, there is a fine line between negligence and medical malpractice. The best solution is to consult a knowledgeable lawyer who can determine if your case meets the standards to pursue a medical malpractice case.
What is Important to Remember About Navigating the Insurance and Compensation Process?
After you file an insurance claim, an adjuster will contact you to ask questions about the events that led to the accident. Although the adjuster may seem friendly, his job is to act in the insurer’s best interest. If you have been injured by negligence, hiring a personal injury lawyer is the most effective approach to recover compensation. If you have been injured in an auto accident, it is advisable to carefully evaluate your insurance coverage before agreeing to speak with the insurance representative. A lawyer understands the legal intricacies of this process and will build a case to recover damages for medical expenses, lost income, and pain and suffering.
Dealing with Insurance Adjusters
If you have been injured in an accident caused by another person’s carelessness, the first step is to file a personal injury claim with the insurance company. The insurer will assign an insurance adjuster to interview you and ask questions regarding the facts of the case. The adjuster will also review medical records, police reports, and witness statements.
You should never forget that part of the insurance adjuster’s job is to save the insurance company money by finding ways to reduce or deny your claim. When speaking with the adjuster, it is vital that you do not share too much information and never admit fault for an accident. You should never take the initial offer without consulting a personal injury lawyer who can review the proposed settlement to ensure it provides for your current damages and future needs.
Calculating Compensation: What’s Covered
Although every case differs, some of the most common damages recovered by injured victims include:
- Hospital bills
- Past and future medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Ongoing medical treatment, including physical therapy and rehabilitation
One of the prime advantages of hiring a personal injury lawyer is that they will carefully assess your case and work to maximize your financial compensation. In most instances, injury lawyers can recover greater compensation for clients than those who choose not to have legal representation.
How Does a Personal Injury Lawyer Build a Strong Legal Case?
A personal injury lawyer’s responsibility to clients is to build a strong legal case that will withstand legal scrutiny. Your lawyer will collect evidence that proves the other party’s fault or negligence, and they will fight to help you receive maximum compensation for your injuries and accident-related damages.
Steps to Collect Evidence After an Accident
After you have suffered a personal injury, you must gather several pieces of documentation to substantiate your insurance claim. Critical evidence needed includes:
- Photos and videos of the accident scene: If you have been injured and you can do so, document the accident scene as quickly as possible. It is best to take numerous photos and videos of the scene. You should also document any clothing you may have been wearing, as well as your injuries
- Collect the names and contact information of any bystanders who witnessed the accident
- Your written statement detailing how the accident occurred
- A copy of the police report, as well as an incident report if the accident occurred on a commercial property, such as a store or other place of business
- Medical documentation: All medical records, including diagnostic test results such as X-rays, CT scans, and MRIs, ER and other hospital records, treatment plans, prescription information, and documentation from any specialists
Legal Action and Litigation Process
Once your lawyer has reviewed the evidence, they will build a solid case proving who is the liable party. Proving liability is crucial in every personal injury case due to Nova Scotia’s comparative negligence laws, which allow settlements to be reduced if injury victims are found to share fault for an accident. Having skilled legal representation is crucial during every stage of the litigation process. Failure to hire a lawyer can easily result in losing your ability to recover compensation.
The timeline for a personal injury lawsuit includes:
- Pre-filing stage: During the initial stage of a personal injury case, your lawyer will gather all necessary documentation and evidence in an effort to negotiate a financial recovery with the insurance company to try and avoid litigation if possible
- Filing a lawsuit: If your lawyer and the insurance company cannot agree on a settlement, your legal representative will file a complaint with the court. The complaint will provide information regarding the claim and the legal remedy sought in the case
- Discovery phase: Information is exchanged between both parties, including legal documentation or requests, and depositions are held where both parties are questioned under oath
- Pre-trial motions: Before the trial is set to begin, each side will file motions and attend pre-trial conferences to try to resolve the matter without going to trial
- Trial: If a settlement cannot be reached, the case will proceed to trial, where both sides will present evidence before a judge or jury
- Post-trial motions and appeal: Depending on the outcome of the trial, one side may file post-trial motions to appeal the judgment or request a new trial
What is the Difference Between Settlements and Court Outcomes?
If the insurance company is willing to negotiate a fair personal injury settlement, you can avoid a court case. However, if the insurer is unwilling to present a reasonable offer that compensates you for damages, it will be necessary for your lawyer to take more advanced legal action. Depending on the circumstances, you can possibly recover economic, non-economic, and punitive damages.
Damages are generally determined by calculating an injury victim’s financial losses, such as medical costs and other out-of-pocket expenses. Non-economic damages are awarded on a case-by-case basis and often include compensation for pain, suffering, and emotional trauma. Punitive damages, if awarded, are intended to punish the negligent party and deter others from repeating the same behavior.
When to Settle vs. Go to Court
If you are pursuing a personal injury claim, there will come a time when you have to decide whether you want to settle with the insurer or go to court. Although accepting the insurance company’s settlement offer can be tempting, you must determine if it benefits you in the long run.
Some of the factors to consider when deciding whether court is the best option include:
- Does the compensation offered by the insurance provider not cover all of your financial losses, such as medical bills and lost wages?
- Does the proposed settlement adequately provide for future medical costs associated with ongoing care, such as physical therapy or rehabilitation?
- Are you and your insurance company at odds over who is liable for the accident?
- Does the financial recovery offered by the insurance company fall short of what your claim is worth?
Other important factors that may influence your decision include the time, expense, and uncertainty of the outcome should the case proceed to trial. Depending on the facts involved, you may be eligible to recover punitive damages if the person who injured you acted with malice, recklessness, or egregiousness. Punitive damages can likely only be sought through a lawsuit and awarded by a judge or jury.
Free Consultation with Halifax Personal Injury Lawyers
If you have suffered a personal injury caused by negligence, it is in your best interest to seek legal counsel immediately. NOVA Injury Law of Halifax is a personal injury law firm dedicated to helping clients seek maximum compensation for their injuries. The most effective way to ensure that you obtain a financial settlement that meets your needs and holds the liable party accountable for their actions is to hire a knowledgeable lawyer who will fight for your rights.
Contact NOVA Injury Law today at (902) 707-3278 to schedule a free consultation. Our team is available 24/7 to provide legal guidance when you need it most.