Moncton Lawyers Holding Negligent Parties Accountable for Damages, Injuries, and Fatalities
At NOVA Injury Law, we handle all of our claims with professionalism, experience and care and work closely with medical professionals in New Brunswick. Our unique operating model – a hybrid of personal injury legal experience and in-house medical advice – has helped Moncton residents get a level of insight and care around their injury that no other law firm can match.
Injury or loss caused by another person’s negligence can lead to feelings of anger and contempt. The journey to physical and mental recovery is hard.
Right now, you suspect that your injury was caused by someone else’s actions, but you remain uncertain whether you are entitled to pursue legal action for compensation.
“The importance of seeking legal advice is not merely to determine whether the cause of action exists. It is also important to ensure that the available evidence is obtained and preserved, that the rights of the injured person are protected, and that the person is informed of his or her rights.” – Justice Mayor in Walker Estate v. York Finch General Hospital, [2001] 1 SCR 647
As Justice Mayor notes, it is important to seek legal advice not just for a result like compensation, but to safeguard your legal interests. At NOVA Injury Law, our no win, no fee arrangements mean you can do this without paying a cent.
If you’re confused or unsure as to what to do next, contact NOVA Injury Law for a Free Case Review. You’ll meet with one of our compassionate lawyers and learn more about your claim.
Adding to our experience, we have a practicing emergency room physician with special training in occupational medicine consulting on all of our cases, as required. Having this expertise built into our practice means two things:
- We have ready-made access to a doctor to provide advice on your injuries from the moment your Free Case Review starts.
- Depending on your injuries, our doctor can then organize fast advice from a specialist. So if you have a fracture or a torn muscle or ligament, we would consult with an orthopedic surgeon or if you are suffering from a brain injury, we would seek advice from a neurosurgeon on your injuries. Likewise, our in-house physician can organize prioritized access to other occupational therapists who not only help you recover from injury, but help us develop accurate forecasts of future recovery and rehabilitation needs.
This is why we are considered to be one of the premier law firms in Atlantic Canada. From the moment you talk with us about your needs, you have immediate access to medical support and advice, and you give our lawyers the greenlight to build medically-backed, watertight compensation claims in a way no other personal injury law firm can. Better yet, we operate on a no-win, no-fee basis. That means you get all of this for free, until we win your case and you receive a maximized compensation payout.
What are some examples of injuries sustained in medical procedures?
Injuries that occur during dental treatments, like nerve damage, infections, or other complications. Due to the inherent risks involved in many dental procedures, these cases can be difficult to prove. It is the lawyer’s job to show that the dentist did not act with the duty of care to the patient required of them.
When cosmetic surgery procedures are botched – including botox injections, rhinoplasty, dermal fillers, chemical peels, liposuction, or breast augmentation surgeries – a claim can be brought against the cosmetic practitioner.
When injury is sustained during organ donation procedures, such as infections, transplant rejection, or other complications. These are referred to as “transplant malpractice”.
When injuries are brought on by the doctor’s mistake in administering anesthesia before a surgery resulting in brain injury or cardiac arrest.
And injuries don’t have to be physical either. For example, a psychologist may provide unethical or incompetent advice to a client in a session which could lead to that person being harmed. This harm could be undue emotional stress or a deterioration in their mental wellbeing.
These are just a few examples. However the truth is you may be entitled to compensation for any type of loss or damage you have sustained as a result of a medical practitioner’s malpractice.
What are some examples of non-medical injury law areas that you may need assistance with?
The most common ways people sustain injuries are when they slip and fall, are injured at work, or when they are involved in car accidents, bicycle accidents or motorcycle accidents. Some less common examples include that we have the experience to deal with include:
- Slip and fall accidents in public places, such as grocery stores or restaurants.
- Product liability claims for defective products causing injury or damage.
- Pedestrian accidents involving motor vehicles or bicycles.
- Workplace exposure to hazardous materials leading to illness or disease.
- Construction site accidents, such as falls or being struck by falling objects.
- Medical malpractice or negligence resulting in injury or harm to a patient.
- Accidents involving public transportation, such as buses or trains.
- Accidents on private property due to lack of maintenance or repair.
- School or daycare accidents resulting in injury to a child.
It’s important to note that in all cases, the injured party must demonstrate that their injury or loss was caused by someone else’s negligence or recklessness in order to be entitled to compensation.
What are the legal elements common to all injury law claims in New Brunswick?
There are only three!
- Duty of care: That a person or organization had a duty of care to prevent harm to you (the plaintiff) or your loved one.
- Causation: That the harm caused to you or your loved one was caused by another person or organization breaching their duty of care.
- Damage or loss: That you actually sustained loss. Whether that be financial, emotional or physical loss – or a combination of these. Importantly, it applies to any loss or damage that occurs after the incident whether that be then, now or into the future.
If you have been injured or your family member has been injured, it is important that you seek the advice of a lawyer as soon as practicable after the injury is sustained. A good lawyer will gather as much evidence, data and professional opinion as possible so that each of these three elements is established in full. This gives you the best opportunity to not only succeed in your claim, but also to maximize your compensation amount.
It is important to act quickly though as there are time limitations around when you can bring a claim.
What time limitations apply in Moncton, New Brunswick?
The Limitation of Actions Act governs the time restrictions that apply to injury law proceedings in New Brunswick. These deadlines are in place to make sure that court claims are filed on time and to stop people from being held responsible for things that happened many years ago.
In New Brunswick, the general statute of limitations for personal injury claims is two years from the date of the injury or date of discovery of the injury. This means that a person must file a lawsuit within two years of the date of the injury or the date the injury was found if they were hurt as a result of someone else’s negligence. The injured party might lose the chance to seek compensation if the claim is not made within this two year period.
Exceptions apply when the injury party is disabled, mentally incapacitated at the time of the injury or if they are a minor. The limitation period may also be extended when the negligent person engages in fraudulent conduct.
Commonly, the time limitation period works against those who delay speaking to a lawyer about their injury.
Why do claimants delay in seeking legal advice for legal claim in New Brunswick?
Common reasons include:
- Underestimating the severity of the injury: In certain situations, individuals may not fully comprehend the severity of their injury until some time has elapsed. They initially believe that their injuries are insignificant and recover on their own.
- A belief that the injury was their fault: Some individuals feel responsible in full or in part for their injuries and assume they are not entitled to compensation. This belief is common in situations where the person engaged in risky behavior. However compensation may still be available if the actions of another also contributed to the injury.
- Fear or lack of trust in the legal system: Some people can be intimidated by the thought of going to court or dealing with lawyers. They believe that pursuing legal action will be time-consuming, stressful, and costly.
- Trust in insurance companies: Insurance companies may offer quick settlement offers to injured parties, which can be tempting to accept. However, these settlement offers are designed around what they think is the lowest amount of compensation you will accept – not what you deserve.
- Financial concerns: Legal fees can be a concern for some people, particularly if they are already dealing with medical bills and lost income due to their injuries.
NOVA Injury Law’s Free Case Review can help you assess what options you may have.
If you decide to move forward with pursuing a claim, you will not pay a cent until we have won your case. With our many years of dealing with insurance companies and the New Brunswick legal system, we take the burden off you right away, so that you can focus on your recovery.
Our lawyers are a part of the community in Moncton meaning we have access to professionals, community groups and volunteers all over the city who can not only get you the support you need, but assist us in maximizing your claim. We work particularly closely with brain injury support and awareness groups in New Brunswick as well as specialists and practitioners in the New Brunswick Medical Society.
Put your mind at ease and understand your legal options
For more information or to set up an initial consultation, you can reach us by calling 1-800-262-8104. Our team is available 24 hours a day, 7 days a week, to support you and your loved ones via email, text, Facebook messenger, and more.
Ready to learn more about compensation options available to you right now, contact Jeff Mitchell at jeff@novainjurylaw.com