PEI Personal Injury Lawyers

If you’ve been injured in Charlottetown, Summerside, or anywhere across Prince Edward Island, NOVA Injury Law is here to protect your rights. As a personal injury law firm with offices in PEI, we fight for accident victims who need fair compensation for medical expenses, lost income, and emotional suffering. Our experienced legal team knows how to navigate injury claims and help victims recover compensation from negligent parties and insurers.

We are proud to be recognized as The Doctor-Lawyer Law Firm™. With a practicing physician working alongside our lawyers, we build every personal injury case with strong medical evidence. This medical-legal partnership ensures your claim is backed by credibility that insurers cannot ignore.

Check out our founder Jeff Mitchell’s story of how NOVA started.
Meet our amazing lawyers.
Learn why NOVA Injury Law is known as The Doctor-Lawyer Law Firm™.
Listen to our clients’ stories.
Check out our charitable initiatives in our local communities.

Watch Alex’s testimonial on how NOVA Injury Law helped him and his employees with their injury claim:

What Sets NOVA Injury Law Apart?

We’re one of the only injury firms with our own in-house physician to help you create a bullet-proof case.
We offer free consultations with no obligation.
Technology allows us to easily communicate with clients anywhere, from small towns to large cities. However, if you prefer in-person consults, we proudly offer complimentary house-calls anywhere in Halifax or Nova Scotia.

Our payment is contingent on winning your case (no win, no fee), so you can focus on recovery.

What are the Critical Deadlines for Filing a PEI Personal Injury Claim?

If you have suffered a personal injury, there are many challenges to deal with, such as receiving medical care and concerns about how you will manage financially. Nevertheless, one of the most crucial aspects of any personal injury claim is ensuring it is filed on time to meet all critical deadlines.

According to PEI’s Statute of Limitations, injury victims have up to two years from the date the injury is discovered to file a claim. The basic two-year limitation period begins when injury victims first discover or should reasonably be aware of three legal standards, including:

An injury occurred. The injury was caused by another person’s action or a failure to act.
Filing a personal injury claim would represent a reasonable next step.

Although the two-year time limit generally applies to most claims, there are several exceptions, including those involving minors or government bodies.

Exceptions for Minors

If the accident victim is a minor at the time they suffered an injury, the two-year limitation period is “tolled” or paused, and time constraints do not apply until the individual turns 18. Under PEI law, an injured victim has two years from their 18th birthday to file a personal injury claim. Once an individual reaches their 20th birthday, the two-year limitation period will expire, and anyone who fails to meet this deadline will be ineligible to file a claim.

Government Entities

The two-year limitation period is significantly shorter for those who plan to pursue a personal injury claim against a Prince Edward Island government entity, municipality, or other public institution. Depending on the circumstances, you may have as little as 10 days to file a notice of claim announcing your intention to pursue a personal injury claim.

Reporting Requirements for Police and Insurers

Along with strict deadlines, PEI also has clear rules that set the requirements for reporting accidents to police and insurers. Suppose you have been injured in a car accident. PEI law dictates that the police must be notified immediately. Another factor that requires the police to be notified of an accident includes incidents where the total property damage exceeds $2,000.

Prince Edward Island insurers require individuals to report all accidents, regardless of who is at fault or the severity of the accident. Another key insurance reporting requirement is to promptly notify the insurer, generally within a 24 to 72-hour period. Failing to comply with this critical deadline could result in your claim being denied.

What Should I Do Immediately After Being Injured in an Accident in PEI?

After an accident, taking prompt action is essential to preserve your right to compensation. There are several essential steps that you must follow to prevent mistakes that could hurt your case, including:

Remain on the accident scene and contact 911 immediately to report the incident. Be sure to request a copy of the police report.
Collect the names and contact information of any bystanders who may have witnessed the accident.
Gather evidence that will substantiate your claim. Crucial evidence in personal injury cases generally includes pictures and videos of the accident scene. For example, if you were injured in a slip and fall accident caused by a spilled substance, you must take pictures of the accident scene immediately before the substance can be cleaned up
Seek medical attention immediately. Some injuries, such as traumatic brain injuries (TBIs), do not always immediately manifest themselves, and failing to seek treatment could have life-threatening consequences.
Be sure to keep all medical documentation, as it will prove invaluable for proving your case.
Do not make any statements or post any pictures or videos of the accident on social media. Most insurance companies scour social media posts looking for evidence they can use against claimants to deny or reduce claims.
Do not agree to speak with the liable party’s insurance provider after the accident. Many insurers use deceitful tactics to try to get injury victims to admit fault inadvertently
Contact a well-qualified PEI personal injury lawyer, like those at NOVA Injury Law, who can advise you of your rights and legal options.

What Medical Evidence Is Crucial for Proving a Personal Injury Case?

Regardless of how the accident occurred, you must gather strong medical evidence that substantiates your personal injury case. Several pieces of medical evidence are required to establish a solid foundation for your injury case. Establishing a direct causal link between the accident and your injuries in medical documentation is essential to prevent the insurance company from arguing that you have a pre-existing condition or that your injuries are unrelated to the accident.

Immediate documentation: Presents a clear description of your injury, initial diagnosis, and provides evidence of when you sought medical treatment.
Physician’s notes: A doctor’s report is unbiased documentation that includes your account of how the injury occurred, along with your description of your pain level, medications prescribed, and any follow-up treatments needed. Physicians’ notes can also include a medical prognosis and any other future medical intervention that you may require.
Diagnostic tests: Diagnostic tests such as MRIs, X-rays, and CT scans provide objective evidence of your injuries, making it difficult for the insurance company to challenge your claim.
Specialist reports: Reports from medical specialists provide an in-depth analysis of your injuries and how they can affect you in the short and long term.
Treatment plans: Treatment plans provide concise details regarding what medical interventions, such as surgery, medications, or physical therapy, will be necessary to address your injuries.

Medical documentation plays a critical role in all personal injury cases and is one of the most significant factors considered when determining compensation.

What Losses Can Be Recovered in a PEI Personal Injury Claim?

PEI personal injury victims can pursue compensation for pecuniary and non-pecuniary losses. Even so, unlike what is portrayed in advertising, insurance companies are focused on profitability and not the well-being of claimants. Having a skilled lawyer is the most effective way to safeguard your rights and preserve your right to recover compensation.

Pecuniary Losses

Also called special damages, pecuniary losses are meant to reimburse accident victims for out-of-pocket expenses they have incurred due to injury. Commonly awarded special damages include:

Past and future medical expenses, including hospital bills, ambulance fees, the cost of prescription drugs, surgeries, physical therapy, and rehabilitation costs.
Lost wages and benefits you were unable to collect due to your inability to return to work.
Loss of earning capacity. If you were injured to the point that you can no longer perform the same type of work that you did before the accident, you may be able to seek compensation for the estimated future loss of income.
Property damage. Suppose you were injured in a car accident and your vehicle sustained damage. In that case, you may be awarded compensation to repair or replace your vehicle.

If you have sustained catastrophic injuries such as traumatic brain or spinal cord injuries, you will most likely need expensive, skilled nursing and ongoing medical care. Hiring a qualified lawyer can help ensure that you receive the financial resources you need to feel confident that your medical needs will be addressed appropriately.

Non-Pecuniary Losses

Sometimes referred to as general damages, non-pecuniary losses are awarded to accident victims to compensate them for intangible losses that are not easily quantifiable. Because every accident and injury can significantly vary, any damages awarded will depend on the circumstances involved in the case.

Commonly awarded non-pecuniary losses include:

Pain and suffering or compensation for the physical pain and distress endured due to being injured.
Loss of enjoyment of life. If your injuries are severe, you may no longer be able to participate in activities that you once enjoyed and may be eligible to recover compensation for your loss.
Emotional trauma. Compensation for the mental anguish caused by being involved in an accident and suffering an injury.
Permanent disfigurement and scarring. Financial compensation for any disfigurement or visible scars that occurred as a result of the injury
Loss of consortium. In some instances, a spouse may be able to collect compensation for the loss of affection or companionship related to the accident victim’s injuries.

Why is it Best to hire a Personal Injury Lawyer if I Have Been Injured in an Accident?

Being injured in an accident caused by negligence can be a confusing time for you and your family. Aside from dealing with the aftermath of the accident and recovering from your injuries, you are also probably worried about how you will manage financially.

The best way to handle a personal injury claim is with the guidance of an experienced lawyer. When you hire a lawyer, they will handle the multitude of legal issues that will arise so that you can focus on your recovery. Aside from ensuring that all legal paperwork is filled out correctly and turned in on time, several other services are best handled by a lawyer, which include:

Investigating Your Claim

When a lawyer agrees to take your case, they will thoroughly investigate the accident and build a strong case that they can present to the insurance company. Insurance companies face numerous lawsuits annually and employ skilled lawyers whose sole job is to find loopholes to deny or lowball claims. Having a lawyer on your side levels the playing field and provides you with a greater chance of recovering fair compensation.

Gathers Critical Evidence

Lawyers and their legal teams have the resources needed to gather critical evidence that substantiates your case. For example, many insurance companies will often try to shift the blame to motorcycle accident victims so they can avoid large payouts. Personal injury lawyers are trained to analyze evidence such as witness statements, medical records, and photos and videos to determine liability.

Calculates Damages

One of the most significant roles that personal injury lawyers perform is calculating the amount of damages their clients should receive. A lawyer will assess the evidence and determine the maximum compensation available for your medical bills, lost income, and pain and suffering.

Handles Complex Legal Issues

Suppose you are injured in an accident caused by an uninsured driver. Understanding your legal rights and the steps you can take to protect yourself will be key to learning how to recover compensation. Well-trained legal professionals are familiar with the nuances involving personal injury cases and know what it takes to help clients obtain fair compensation.

Provides Peace of Mind

All of the aspects of filing a personal claim can be overly stressful and challenging to manage without legal representation. Allowing a lawyer to handle your personal injury claim can help you have the peace of mind you need so you can prioritize your recovery.

Why Should I Let My Lawyer Deal With the Insurance Company?

Aside from all of the other legal services that a personal injury lawyer performs for their clients, one of their most significant jobs is to deal with the insurance company on your behalf.

Although insurance adjusters may present themselves as being caring and compassionate about your injuries, their job is to save their company money. Insurance adjusters are trained to settle claims for the lowest compensation possible.

Fast Settlements

Insurance adjusters and their companies often use a variety of tactics to protect their bottom lines. One of the most common is offering personal injury victims fast settlements soon after a claim is filed. Insurance providers recognize that many accident victims are concerned about how they will pay for unexpected medical bills and other living costs. Although a quick settlement may seem tempting, it will likely not account for future medical expenses, lost wages and benefits, or pain and suffering.

Recorded Statements

Another standard tactic insurance adjusters often use is to ask injury victims to make recorded statements that provide details of the accident. Some adjusters will tell claimants that making a recorded statement is “routine” and a necessary part of completing the claims process. However, the goal behind a recorded statement is to lock you into your testimony and the extent of your injuries. For example, you could agree to make a recorded statement a day after being injured in an accident, only to develop whiplash a few days later. You should never agree to make any statement without first consulting with your lawyer.

Protecting Your Rights

When you allow a personal injury lawyer to represent you, they will safeguard your rights as your case moves through the claims process. Your lawyer will act as your personal liaison and deal with the insurance provider, which offers you numerous legal protections. For example, having a lawyer is the most effective way to prevent you from inadvertently incriminating yourself. One of the insurance adjuster’s goals in asking for a recorded statement is to determine if you will say something they can use against you to deny or reduce your claim.

Obtaining Fair Compensation for Your Injuries

Most accident victims who retain a personal injury lawyer can recover more financial compensation than those who try to handle their cases independently. Accident lawyers understand the legal complexities in negotiating with the insurance company and are dedicated to upholding your rights.

Studies show that most injured victims who choose to hire a lawyer to handle a PEI personal injury case receive greater compensation than those who represent themselves. In many instances, lawyers can resolve legal issues, allowing personal injury cases to be settled out of court without costly litigation.

Nevertheless, if the insurance company is unwilling to offer a fair settlement, a Prince Edward Island lawyer will take your case to court to pursue full and fair compensation for your injuries.

What Do I Need to Know About Settling vs. Going to Court?

The lawyers of NOVA Injury Law recognize that navigating the many aspects of a personal injury case can be overwhelming. Having a lawyer represent you in a PEI personal injury case can save you the uncertainty of trying to decide whether you should agree to settle with the insurance provider or pursue the case in court.

That being said, there are many pros and cons of settling your case versus going to court. Some of the pros of settling your case out of court include:

Faster payouts, as most claims settled out of court are resolved in a few months
Out-of-court settlements are less expensive than costly litigation
You have greater control over your case and know the exact amount you will recover in compensation.
Settling out of court is generally less stressful and helps to avoid the uncertainty associated with taking a case to trial.

Even though many significant benefits can be had from agreeing to settle your claim out of court, there are also possible risks that should be addressed. Some of the most common factors to consider when determining if you should settle a claim or go to court include:

Agreeing to settle out of court could result in your accepting less compensation than if your case were to go to trial
Once your case is settled, you will have no right to appeal
Taking a case to court is generally time-consuming and can easily be delayed for months, depending on the court schedule
Litigation can be time-consuming and often places added stress on you and your family as you wait to have your day in court.

If you still have questions about accepting a settlement or taking your personal injury case to trial, contact NOVA Injury Law and ask to schedule a consultation with a qualified legal team member who can determine your legal options.

Contact Our PEI Personal Injury Lawyers Today So We Can Get Started on Your Case!

NOVA Injury Law is committed to helping injury victims recover the full and fair compensation they deserve and holding negligent parties accountable for their actions. Our PEI injury lawyers and legal staff are fearless when it comes to standing up to big insurance companies and will fight to help you face the future with confidence.

Contact our law offices today at 1-800-262-8104 to schedule a free consultation, and let us start the process of helping you move forward.