Nova Scotia Fatal Accident Lawyers

Nova Scotia gives a family two claims when negligence caused a death: their own losses under the Fatal Injuries Act, and the deceased’s claim, carried on by the estate under the Survival of Actions Act. A Nova Scotia fatal accident lawyer brings them together in the Supreme Court. The 12-month period starts at the death.

What the Fatal Injuries Act Pays the Family

The Fatal Injuries Act, RSNS 1989, c 163 lets the spouse, common-law partner, children and parents of the deceased claim for the pecuniary loss the death caused them. That is the income the household has lost and the value of the services the deceased provided. Under s. 5(2)(d) it adds damages for the loss of guidance, care and companionship. Nova Scotia’s Act is one of the few in Canada that names that head of loss expressly. The executor or administrator brings the claim for the benefit of the family. Where no representative acts within six months, the family members bring it themselves.

The Survival of Actions Act Carries the Deceased’s Own Claim to the Estate

The Survival of Actions Act, RSNS 1989, c 453 preserves the deceased’s own cause of action. That covers the pain and suffering between injury and death, expenses, and property damage. It does not allow recovery for the deceased’s lost future earnings as such. The dependants recover those under the Fatal Injuries Act instead.

The Family Has 12 Months From the Death

The family’s action under the Fatal Injuries Act must be started within 12 months after the death.¹ That period prevails over the two years from discovery in the Limitation of Actions Act, SNS 2014, c 35. A criminal charge against the driver does not extend it. The estate has to be in place first, so the probate application is the first step, and we start it at once.

A Nova Scotia Death Claim Is Valued on Dependency, with Section B and WCB Alongside

Dependency is calculated from the deceased’s earnings and the household’s consumption, projected with an economist’s evidence, and adjusted for the survivors’ own circumstances. Where a vehicle was involved, the vehicle’s insurer pays the Section B death and funeral benefits under the Insurance Act regardless of fault. Where the death was at work, WCB Nova Scotia pays survivor benefits and bars the claim against the employer. A claim against a negligent third party survives. The minor injury cap has no application.

The Supreme Court Hears the Claim, with a Jury on Request

We file the action in the Supreme Court of Nova Scotia. Either side may request a civil jury. In a death claim the choice between a jury and a judge alone is made with care. Liability evidence in a road death includes the RCMP or Halifax Regional Police collision reconstruction.

Who Is a “spouse” Under the Act?

A married spouse, and a common-law partner who cohabited with the deceased in a conjugal relationship for at least a year, or who was the parent of a child with them.

Can Siblings or Grandparents Claim?

Not under the Fatal Injuries Act as it stands. The class is spouse, common-law partner, parent and child, including a person the deceased stood in the place of a parent to.

What Does the Loss of Guidance, Care and Companionship Award Look Like?

A conventional sum per claimant that the Supreme Court has set in reported decisions and adjusts for the relationship. It is real money. It is separate from the dependency calculation.

The Other Driver Was Killed Too. Is There Anyone to Sue?

Yes. The claim is against the deceased driver’s estate, and their auto insurer pays it. Where there was no insurance, the claim runs against the Facility Association.

The effect of a plaintiff’s death on a lawsuit is covered in what happens to a lawsuit when the plaintiff dies. See also the reported decisions and other injury law areas.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. Contact the firm, call the Halifax office, or read what the firm can do.