Moncton, New Brunswick Wrongful Death Lawyers Fight for the Loved Ones of Victims

Losing a loved one can be a devastating experience, particularly when the loss is sudden and unexpected. Coping with the loss while also managing tasks such as informing family and friends, organizing funerals, settling estates, and closing accounts can be overwhelming.

During moments of respite, you may search for reasons why, and how the loss could have been prevented. In cases where the death was a result of someone’s negligence or recklessness, you have the right to demand answers and seek compensation for your loss.

At NOVA Injury Law, our lawyers understand the emotional and financial toll that the loss of a loved one can take on a family. We are committed to helping you pursue justice and recover the compensation you deserve.

As soon as you contact us, we will work diligently on your behalf. We will collect, examine, and organize all of the necessary evidence to construct a strong case, so that you can concentrate on the process of healing and rebuilding your life.

We know that no amount of money can bring your loved one back, but we believe that holding those responsible accountable for their actions can help you to get closure.

No one’s life should suffer as a result of the actions or failures of another. Call NOVA Injury Law today and let us help you get the justice and compensation you deserve. We’ll be by your side every step of the way.

What is the law that applies to wrongful death claims in New Brunswick?

The Fatal Accidents Act and the Survival of Actions Act governs wrongful death claims in New Brunswick, allowing the family or dependents of the person who died due to another’s wrongful act or negligence to bring a lawsuit for compensation.

Family members who can bring a claim include the deceased person’s spouse, children, parents, siblings, and anyone who was financially dependent on the deceased at the time of death.

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 in New Brunswick. It is critical that you speak to a lawyer as soon as possible if you suspect you have a claim.

Wrongful deaths

Wrongful deaths do not only occur as a result of motor vehicle accidents. Wrongful deaths can be the result of medical malpractice or a defective or faulty product; they can occur in workplace accidents; accidents involving other vehicles like boats, planes, motorcycles, and ATVs; or more generally they can happen in sporting accidents. In all cases, it is the negligence of someone else that causes the death of another.

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 do you know if you have a legitimate wrongful death claim?

NOVA Injury Law provides Free Case Reviews for New Brunswickers in Moncton to speak with one of our experienced injury lawyers. 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. 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 secure the greatest settlement sum for family members or dependents of the deceased? 

With meticulous attention to detail, We leave no stone unturned in the pursuit of the greatest settlement sums available to loved ones of the deceased.

We begin by collecting all relevant evidence related to the case, including medical records, police reports, and witness statements. This allows us to establish which person or company is responsible for the negligent act that led to the death of your loved one, as well as weigh up any contributing factors that strengthen or weaken your claim.

Our evaluation of the damages you are entitled to recover is thorough; taking into account lost income, medical expenses, funeral expenses, and pain and suffering.

We pay particularly close attention to Section 6(3) of the Fatal Accidents Act, which requires compensation for the emotional and psychological support, affection, and guidance that the deceased person would have provided to the claimant, had they not died.

To achieve this, we build a detailed case file on the relationship between the deceased and the claimant, using personal effects such as photographs, messages, and gifts to provide evidence. Additionally, we seek testimony from psychologists and counselors to provide a professional analysis of the extent to which the loss has impacted the claimant’s life and will continue to do so in the future.

The amount of a wrongful death settlement can vary 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. However, we leverage our expert negotiation skills to secure the highest possible amount of compensation for you.

At NOVA Injury Law, we are committed to getting the best possible outcome for our clients. We understand the emotional and financial toll that a wrongful death can have on a family, and we will work tirelessly to ensure that you receive the compensation you deserve.

What parties discourage you from seeking a wrongful death payout in a New Brunswick fatal injury claim?

It is common for the defendant or their insurance company to challenge liability by claiming that the deceased was either entirely or partially responsible for their death. This is known as contributory negligence and is set out under section 11 of the Fatal Accidents Act. In some instances, the defendant may attempt to weaken your case by claiming that there is inadequate proof to establish a wrongful death claim.

Don’t leave it to chance, contact NOVA Injury Law to fight on your behalf

Contact NOVA Injury Law now for a Free Case Review. From our first meeting we will start to compile evidence to build a strong case file. This will be crucial if we decide to pursue legal action and file a case in court.

Our team is renowned as a top-tier personal injury law firm in Moncton, NB, due to our collaboration with 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 lawyers are actively involved in the Moncton community.  We will collaborate 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 in New Brunswick, 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.