Personal Injury

Fatal Accident Lawyers in Atlantic Canada

Michael Murphy, K.C. reading at his desk in the Moncton office

Each Atlantic province gives a family two claims when a death was caused by negligence: their own losses under a Fatal Accidents Act (Nova Scotia calls it the Fatal Injuries Act), and the deceased’s own claim, carried on by the estate under a Survival of Actions Act. A fatal accident lawyer at this firm brings both claims in the province’s superior court, within two years in New Brunswick, Newfoundland and Labrador and Prince Edward Island, and within 12 months in Nova Scotia.

What a Fatal Accident Lawyer Claims for the Family

The family claims for what the death took: the financial support the deceased would have provided, the household services they performed, and the loss of their care, guidance and companionship. The estate claims for the pain the deceased suffered before death and for expenses. The executor or administrator sues, so probate is the first step. The limitation period runs from the death in Nova Scotia and Prince Edward Island and from discovery in New Brunswick and Newfoundland and Labrador, and it is not paused by a criminal charge or a coroner’s process. Dependency is the largest head. An economist calculates it, and no province caps it.

Who Can Claim and Section B Differ by Province

The class of relatives who can claim, and the wording that defines a common-law spouse, differ statute by statute. Section B death and funeral benefits are mandatory on every auto policy in New Brunswick, Nova Scotia and PEI, and optional in Newfoundland and Labrador. For a workplace death the compensation board pays survivor benefits: WorkSafeNB, WCB Nova Scotia, WCB PEI or WorkplaceNL. That bars a claim against the employer. It does not bar a claim against a third party. A death at sea may fall under the federal Marine Liability Act instead, with its own limitation.

The Firm Brings the Family’s Claim in Each Province

On every file the first steps are probate for the executor, the Section B death and funeral benefits where the policy carries them, and the preservation of the police and coroner’s records. The economist is retained early, because the dependency calculation needs the deceased’s employment and tax history, and that evidence takes time to gather.

Fatal Accident Claims Differ by Province

Should the Family Wait for the Criminal Trial?

No. The civil claim has its own two-year limit and a lower standard of proof. It proceeds alongside; a conviction, if one comes, is used.

The Other Driver Died As Well.

The claim runs against that driver’s estate and is paid by their auto insurer, or by the Facility Association where there was none.

What Does It Cost the Family?

Nothing up front. The fee is a percentage of the recovery and the firm carries the expert costs, which in a dependency claim are substantial.

What happens to a lawsuit when the plaintiff dies and the fatal accident guide cover the claim in more detail. Reported decisions are on the results page.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves, and the firm carries the records and expert costs through the life of the claim. Contact the firm, or read what the firm can do.