St. John’s Car Accident Lawyers

Car accidents in St. John’s and throughout Newfoundland and Labrador can leave victims with serious injuries, high medical bills, and financial stress. At NOVA Injury Law, our St. John’s car accident lawyers fight for the rights of car accident victims to ensure they receive fair compensation for their losses. Whether you’re dealing with property damage, pain and suffering, or long-term rehabilitation, our team is here to protect your legal rights.

We are proud to be known as The Doctor-Lawyer Law Firm™, with an in-house physician working alongside our legal team. This unique approach means every car accident claim is supported by strong medical evidence, giving you an advantage when negotiating with insurance companies and insurers.

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

Watch Bionca and George’s testimonial on how NOVA helped them with their car accident 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 Type of Car Accidents Does Your Law Firm Handle?

If you have been involved in a car accident caused by another person’s carelessness, you need a law firm that is committed to getting results. When you come to NOVA Injury Law for help, our dedicated car accident lawyers will work tirelessly to help you recover full and fair compensation for your losses. 

We represent motorists, passengers, and pedestrians in all types of automobile accidents, including:

• Rear-end collisions
• Head-on collisions
• Sideswipe accidents
• T-bone crashes at intersections
• Fatal crashes
• Drunk driving and distracted driving (cell phone use)
• Defective vehicles and product liability cases
• Hit and run accidents
• Motor vehicle accidents with uninsured drivers

Do I Need a Lawyer if the Accident Clearly Wasn’t My Fault?

Even if you have been involved in an accident that was not your fault, you need to hire a lawyer who will act as your legal advocate and deal with the insurance company. Contrary to what they portray in advertising, insurance providers are focused on protecting their profitability and not the well-being of those who file claims. 

Benefits of Hiring a Lawyer

Many individuals who have never been involved in automobile accidents are unfamiliar with the extensive benefits of hiring a lawyer. One of the most significant advantages of having legal representation is that your lawyer will handle all interactions with the insurance company. 

Insurance adjusters are trained to save the company money and look for loopholes they can use to deny or offer low settlements. When you allow a lawyer to represent you, they act in your best interests and will protect you from the deceitful tactics often used by insurers.

Additional key benefits of retaining a car accident lawyer include:

• Ensuring that all legal paperwork is filled out correctly and turned in on time to ensure it meets critical deadlines. Forms filled out incorrectly, those that are missing information, or turned in late, are often denied.
• Gathering necessary documentation and records. An experienced lawyer and their legal team can help to gather essential evidence, such as police reports, medical records, witness statements, and expert testimony that will substantiate your claim.
• Negotiating with the insurance company so you can focus on your recovery. Your lawyer will manage all communications and negotiations with the insurer, further safeguarding your legal rights.
• Ensure you receive full and fair compensation for your financial and non-financial losses.

If you have questions about the benefits of hiring a car accident lawyer, contact our legal team so we can address your concerns. 

How Do I Challenge a Low Settlement Offer for My Totaled Vehicle?

Just as with other insurance claims, a provider will often offer a low settlement amount to those whose vehicles have been totaled to protect their profitability. Many car accident victims struggle to recover fair compensation for their totaled vehicles while also trying to figure out how they will get to medical appointments related to their injuries.

Suppose you live in St. John’s and have been offered a low settlement from the insurance company. In that case, the best strategy is to hire an experienced car accident lawyer who will represent your interests. 

Seek Experienced Legal Representation Immediately

After being offered an unacceptable settlement for your totaled vehicle, your first step should be to seek experienced legal representation. A St. John’s car accident lawyer is familiar with the legal complexities involved with handling vehicle accident claims and the procedure for resolving claim disputes. 

Your lawyer will thoroughly assess the evidence and specifics of your case and help you make informed decisions.

Compile Necessary Documentation and Supporting Materials

After you seek legal help, your lawyer will direct you to compile all necessary legal documentation and supporting materials that prove the actual market value of your totaled vehicle. You must request the insurance company’s valuation report so that your lawyer can evaluate if the company offered you a fair settlement. The report will also provide details of how the insurer arrived at the settlement amount offered to you.

Your lawyer will also help you to collect evidence that supports a higher valuation of your vehicle, including:

• An independent appraisal that can provide an unbiased valuation of your car’s worth.
• Comparable vehicle ads for vehicles similar to yours for sale in the St. John’s area

Other supporting documentation that can potentially increase your vehicle’s value includes receipts for upgrades, new parts, or recent repairs. Your lawyer will also need a copy of the police report, which will provide official documentation of how the accident occurred and the damage your vehicle sustained. 

Respond to the Insurance Company with a Written Demand Letter

After your lawyer has thoroughly evaluated the evidence that you have provided, they will send a formal demand letter to the insurance company. The formal demand letter will reject the initial settlement offer in writing and state the specific higher settlement that your lawyer has determined you are owed. 

After the insurance company receives the demand letter, it will likely respond with a counteroffer. Your lawyer will handle all negotiations with the insurance provider to try to get you the best possible settlement amount for your totaled vehicle. 

Why Do I Need to Seek Medical Treatment Immediately After Being Involved in a Car Accident?

Being injured in a car accident can be overwhelming, and often, victims are unsure what steps they should take to protect their well-being and ability to file a compensation claim. Even so, if you have been involved in a car crash, you should be examined by a medical professional immediately. Often, internal injuries do not immediately manifest themselves; they could have life-threatening consequences if not treated promptly.

Why Medical Documentation is Critical

One of the most significant benefits of seeking medical attention is that it provides crucial documentation needed to substantiate your injuries. Medical reports such as physicians’ notes, diagnostic test results, and other information related to surgeries, prescriptions, and physical therapy will help your lawyer build a strong case that will hold up to legal scrutiny.

All too often, the insurance company will try to minimize a car accident victim’s injuries or argue that they are the result of pre-existing conditions. Thorough medical documentation can refute these claims and establish the extent of your injuries and medical prognosis for recovery. 

Your lawyer will assess your medical records to determine what damages your case qualifies for so that you can recover full and fair compensation.

How Much Is My Claim Worth, and How Long Will I Have to Wait to Receive a Settlement?

Many insurance companies count on claimants being unfamiliar with their legal rights and the fact that many accident victims simply want the claims process to end so they can resume their lives. 

Unfortunately, there is generally no definitive answer as to how much a claim is worth and how long it will take to receive a settlement. Several key factors will play a role in determining the value of your claim and how long you may have to wait. 

Determining the Worth of Your Claim

When determining the worth of your claim, your lawyer will analyze your economic and non-economic damages. Some of the most common out-of-pocket expenses include past and future medical bills, lost income and benefits, and property damage. Depending on the circumstances of the case, you may be entitled to recover non-economic damages for intangible losses such as pain and suffering or loss of enjoyment of life. 

Your lawyer will also present substantial evidence, such as medical documentation that supports your claim, which can significantly increase the settlement value. However, under Canada’s comparative negligence laws, your settlement could be reduced if you are found to be partially at fault for the collision. Finally, depending on the at-fault party’s insurance policy, your settlement could be capped due to their coverage limits.

Timeline to Receive a Settlement

The timeline to receive a settlement can also vary significantly based on the unique facts involved in your case. For example, if you were involved in a minor collision and only sustained moderate injuries or property damage, your case may be resolved within three to six months.

Complex cases involving issues such as multiple liability or significant injuries typically take longer to resolve. If a settlement cannot be reached between you and the insurance company, the case will have to go to trial. Depending on the numerous legal issues that have to be addressed and how backlogged the court may be, your case could take anywhere from one to two years to be settled. 

What Types of Damages Can I Recover After Being Involved in a Car Accident?

One of the most common questions clients ask is what types of damages they may recover in a car accident settlement. St. John’s car accident victims can seek financial compensation to recover pecuniary and non-pecuniary damages. 

Pecuniary Damages

Pecuniary damages, also called special damages, cover quantifiable financial losses incurred in the car accident. Commonly awarded special damages include:

• Past and future medical expenses, including those for emergency room and hospital visits, diagnostic testing, prescription drugs, and ongoing medical care such as physical therapy and rehabilitation.
• Lost wages and benefits that you did not receive because your injuries prevented you from returning to work
• Loss of earning potential if you can no longer perform the same type of work you performed before being injured in the car accident
• Property damage, which may include money to repair or replace your damaged vehicle

Non-Pecuniary Damages

Non-pecuniary damages are awarded to compensate car accident victims for non-financial losses. Also called general damages, they are meant to try to compensate victims for their non-quantifiable losses. Common non-pecuniary damages awarded to auto accident victims often include:

• Pain and suffering for the physical pain you experienced due to your injuries.
• Emotional distress for the psychological harm you endured.
• Loss of enjoyment of life if you are no longer able to participate in the same activities you enjoyed before being injured.
• Permanent disfigurement and scarring if your accident left you disfigured or with visible scarring
• Loss of consortium. In some cases, an injury victim’s spouse may be able to recover compensation for loss of companionship caused by the accident.

What are Section B Benefits and What Do They Cover in Newfoundland?

In Newfoundland and Labrador, motor vehicle accident victims can utilize up to $ 50,000 of Section B insurance benefits regardless of who was at fault. Section B benefits cover the cost of medical treatments related to the accident, such as:

• Chiropractic care
• Physiotherapy
• Ambulance service
• Hospital 
• Dental care
• Surgical care
• Professional nursing services

Time Limits for Section B Medical Coverage

Under the law, Section B medical coverage is extended to all reasonable expenses incurred by injury victims within four years of the date of the accident. Depending on the circumstances, a court could extend Section B benefits if deemed necessary. 

How Does Newfoundland and Labrador’s Contributory Negligence Act Affect Car Accident Claims?

Newfoundland and Labrador’s Contributory Negligence Act allows car accident victims’ compensation to be reduced if they are found to be partially at fault for a car accident. Suppose you are involved in a car accident, but are found to be 25% at fault for the collision. In that case, if you were awarded $100,000 in a settlement, the final amount you would receive would be $75,000. 

It is significant to note that under the Automobile Insurance Act, anyone involved in an accident and not wearing a seatbelt will automatically have their compensation reduced by 25%. The only way to avoid having your compensation reduced is to prove that even though you were not wearing a seatbelt, it did not contribute to your injuries. 

The Role of an Insurance Adjuster

When you file a car accident claim, we will investigate the case to determine if you should be assigned a percentage of fault for causing the collision. Some of the issues that they scrutinize include whether an individual was speeding, violating traffic laws, or engaged in distracted driving.

Because of the way the law is written, many insurance providers look for ways to blame car accident victims so they can avoid large payouts. If the insurance company tries to blame you, this is precisely when experienced legal counsel can make a significant difference. A skilled lawyer can build a solid case by presenting evidence that refutes the insurer’s claims. 

How a Car Accident Lawyer Can Help

If you have been involved in a car accident and believe that you may share a degree of liability, it is best to obtain legal representation immediately. Only a knowledgeable lawyer can work on your behalf to ensure that your legal rights are safeguarded and that you are treated fairly by the insurance provider. 

How Long Do I Have to File a St. John’s Car Accident Claim?

If you have been involved in a St. John’s motor vehicle accident, you generally have two years from the date of the accident to file a claim. Even though that is the case, there are several other critical deadlines that you must be aware of so that you do not inadvertently jeopardize your right to file a claim. 

For example, you must notify your insurance provider that you were involved in an accident and injured within 30 days of the collision. However, the safest recommendation is for all accident victims to notify their providers as soon as possible after the accident occurs. 

Additionally, you must also file a formal notice of intent to sue the at-fault driver within 120 days of the accident. Failing to meet this critical deadline could result in you losing your right to claim prejudgment interest or interest that is paid on any awarded damages you may receive. 

Even though Newfoundland and Labrador have strict rules that govern how long car accident victims have to file a claim, there are specific exceptions, which include:

• Minors: If the accident victim was a minor at the time of the car crash, the two-year limitation period does not begin until they turn 19. However, a minor’s parent or guardian has the legal authority to file a claim earlier, before the accident victim becomes a legal adult. 
• Incapacity: The strict time limits may also be paused or “tolled” if the accident victim is mentally or physically incapable of managing their affairs. The toll period is extended until the injured victim is no longer considered disabled. 

Even though two years may seem like a long time to file a claim, life can easily get in the way, and failing to meet critical deadlines could result in your case being thrown out. The most effective way to protect your interests is to hire a car accident lawyer who can get started on your case immediately. 

What Can Your St. John’s Car Accident Lawyers Do to Help Me After I Have Been Involved in a Collision?

No one ever wants to believe they will be injured in a car accident. However, due to the increase in population and traffic, the chances of being involved in a collision have increased substantially. 

When you come to NOVA Injury Law for assistance, we manage every step of your car accident case:

• Filing your insurance claim correctly and on time
• Negotiating with insurers to maximize your settlement
• Challenging low vehicle valuations for totaled cars
• Preparing evidence for trial if litigation is necessary

Contact our St. John’s Car Accident Lawyers Today So We Can Get Started on Your Case!

NOVA Injury Law is dedicated to helping car accident victims navigate the complex issues involved with filing claims. Our highly trained legal team understands the complexities of motor vehicle accident claims and knows what it takes to win fair compensation. 

If you were injured in a motor vehicle accident, call us today to schedule your free consultation. Our law offices are available 24/7, and you pay no legal fees unless we win your case.