Category: Wrongful Death Claims

4 Reasons to Hire a Lawyer Immediately after a Wrongful Death and Why you Don’t have to Worry about making a mistake

by John McKiggan

By Brian Hebert

I wrote this article after seeing news of yet another fatal injury in our Province. I was particularly saddened because the victim was a fellow cyclist and just a teenager.

It’s very difficult to focus on anything immediately after the death of someone you love. The grief is unbearable and all of a sudden there is so much to do: contacting the rest if the family, contacting g friends, preparing an obituary, making funeral arrangements, making insurance claims for funeral expenses, making visitation arrangements.

Two not-so-secret weapons for ensuring fair compensation for families of wrongful death victims and how one family received $925,000

by John McKiggan

After reading about the three recent fatal accidents on Nova Scotia highways in the last two weeks, I was talking with my law partner, Brian Hebert about the challenges of pursuing wrongful death claims in Nova Scotia. Brian had some interesting views on the issue so I asked him to write an article about wrongful death claims for this blog. So take it away Brian…

Wrongful death claims in Nova Scotia

As a wrongful death lawyer my philosophy is simple. When someone causes the death of another they should compensate the victim’s family for the loss. Most advanced civilizations adopted this moral position centuries ago. To me death is the ultimate loss and deserves the highest compensation. Unfortunately not everyone agrees with me. Law makers, judges and insurance lawyers have kept damage awards low or non-existent for years. You’ve probably heard it said, “It’s better to kill someone than to injure them”. I hate this saying. But the fact is that the families of victims have been under-compensated for years. To fight this trend the wrongful death lawyer has two powerful but oft forgotten weapons.

Christmas Tree Safety Message

by John McKiggan

We decorated our Christmas tree today and I noticed the tree was already getting a little dry. Then I came across this public service announcement this evening. Scary!

We all get busy over the holidays and sometimes in the rush we forget to do the little things, like watering the tree.

Christmas tree fires are not common, a few hundred a year in the United States where there would be millions of Christmas trees in homes across the country. But when they happen, tree fires are likely to be serious. On average, one of every 21 reported fires that began with a Christmas tree resulted in death.

Space Heaters: Safety Tips to Prevent Burns Injuries and Fires

by John McKiggan

The temperature is dropping and more and more Canadians are using space heaters to keep warm.

The first house that my wife and I bought was so poorly insulated that we had an electric space heater in the bathroom so we wouldn’t freeze to death getting ready for work in the morning.
Thinking back it probably wasn’t a great idea to have an electrical appliance like that around so much water.

Since then I have seen many people who have been injured because of faulty space heaters. Or children injured because heaters were not used properly. So I thought it might be a good idea to post these safety tips.

What is “Vicarious Liability”? Halifax Personal Injury Lawyer Explains

by John McKiggan

Direct Liability

The term vicarious liability comes up in personal injury claims frequently. In most cases, your claim will be against the person who directly caused your injuries. For example, if you are run over by a car while walking in a cross walk, you can sue the driver of the car who may be found directly liable (at fault) for your injuries.

Vicarious Liability

What is a “Discovery”? Halifax Personal Injury Lawyer Explains

by John McKiggan

The Discovery Process

One of the most important steps in any personally injury claim is the oral discovery. If you file a lawsuit for compensation for personal injuries you will be required to testify about your knowledge of the event that lead to the lawsuit and your knowledge of the injuries that you have suffered.

In other words; what happened? How badly were you injured? How have the injuries effected your life?

Wrongful Death Claims: Is it better to be killed in Canada or the United States?

by John McKiggan

Is it better to be killed by someone’s negligence in Canada or the United States?
I’m sure most people would answer that question: “None of the above”. But the reason I ask is to point out the significant differences in compensation claims between Canada and the United States. I was remined, yet again, of these differences when I read a post by Ron Miller on his excellent Maryland Injury Lawyer Blog.

Wrongful Deaths Claims for Elderly Victims

Mr. Miller was explaining how wrongful death claims for elderly victims are valued in the state of Maryland. Defence counsel usually claim that the victim’s claim needs to be discounted because, since they were elderly, their life expectancy was shorter than a younger person. Mr. Miller points out:
The “victim was old anyway” argument is offensive and cold…but not, relatively speaking, entirely untrue.

Nova Scotia Personal Injury Claims: Compensation for Fatal Injuries

by John McKiggan

How Do You Put a Price on the Loss of a Loved One?

I have already posted about how the courts calculate compensation for pain and suffering. But what happens if your family member died from their injuries?

There is no way to truly place a dollar value on the loss of a loved one due to a fatal injury. Law makers in Canada and the courts have struggled with the question of how to fairly compensate surviving family members for the loss of a loved one.

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