The decision to call a lawyer after being involved in any type of accident in Nova Scotia or other provinces in Canada is a very personal one, and a decision that may not be easy to come by. Calling a lawyer might feel too litigious or like ‘overkill’, or it might not be something that you feel particularly comfortable with for other reasons. At Preszler Injury Lawyers, we acknowledge that working with a personal injury lawyer is a deeply personal choice. The key to remember is that calling is completely free and involving a lawyer as early as possible is always recommended.

We can answer your questions about when (and if) you should see a lawyer after being involved in an accident yourself, or after learning that a loved one has been seriously injured or killed in an accident. To learn more, please feel free to call our personal injury lawyers today. We would be more than happy to talk to you about your case.

Any time that an accident occurs that causes property damage, physical injuries, or both, working with a lawyer may be a good idea. Types of accident and injury claims that our law firm works on includes:

• Medical malpractice;
• Dog bites;
• Trip and falls;
• Motor vehicle accidents;
• Truck accidents;
• Pedestrian accidents;
• Motorcycle accident;s
• Dangerous products or premises;
• ATV accidents;
• Defective medical product cases; and

If you have been involved in an accident that has resulted in damages, you should consider sitting down with a lawyer to discuss your options and your rights. Having a conversation does not mean that you have to hire the lawyer if that decision ultimately does not feel like the right choice.

There is never a requirement or rule or law that you have to hire a lawyer; that being said, doing so is usually within your best interests, especially when your damages are severe and your injuries are significant. We urge people to reach out to us when they have suffered injuries that are disabling or disfiguring, catastrophic (such as brain injuries, spinal cord injuries, burn injuries, and amputation injuries, or when their injuries have resulted in a significant amount of economic or noneconomic damages. Types of damages include medical bills, lost wages, loss of earning capacity, property damage costs, and pain, suffering, and emotional distress. Of course, if your loved one has been killed in an accident that caused them to suffer fatal injuries, we strongly encourage you to call a lawyer for a consultation and the support you need.

In addition to the situations described above, there are other unique situations in which you should call upon a lawyer if you have not already done so. This includes when:

• Your claim has been denied. One of the most upsetting scenarios for a person who has been involved in an accident is learning that an accident claim has been denied. If this has happened to you, you may not understand your rights, may not know how to appeal, and may be tempted to simply accept the decision and lose out on your right to recover compensation. You should not take this route; instead, call a personal injury lawyer in Nova Scotia who can help you to understand your options and fight for your rights.

• Fault is disputed. When fault is very clear in an accident and is agreed upon by all parties involved in the claim, it is much less likely that a claim will be denied. However, this isn’t always the case – allegations of fault may be levied in order to reduce the value of the claim or ‘get off the hook’ for paying for damages. If you don’t have a strong legal case, backed by indisputable evidence and expert testimony, it may be hard to come back from this. A lawyer can assist.

• You’re offered less than you deserve. Do you know what to do if you are offered a settlement that is less than you deserve? You may think that you have to accept the offer; you may not know how to communicate that you believe you deserve more in a way that is effective. You have the right to negotiate a settlement offer that you believe does not fairly compensate you. Our lawyers can handle that negotiation process on your behalf and improve your chances of recovering the settlement you deserve.

The limitation period has expired or about to expire. Did you know that each province has its own limitation period that governs the amount of time a person has to file a claim after being involved in an accident? In Nova Scotia, that limitation period is two years in most cases. If the limitations period has expired or is about to expire, you may believe that you’ve missed out on your chance to file a claim. While this may be true, it is always worthwhile to talk to a lawyer who can act quickly to file your claim or request an extension on the two-year time limit.

It’s not just about the situations in which seeing a lawyer is practical, but also how soon after an accident occurs you should see a lawyer, that you need to consider. While there is no wrong time to call a lawyer–and you should certainly reach out to a lawyer if you haven’t already–it is most advantageous to call a lawyer as soon as possible after your accident. Your lawyer can get the ball rolling on investigating your case, advising you of next steps and best practices, talking with experts, filing your insurance claim, calculating your damages, and more.

As mentioned above, there is a limitation period for all personal injury claims in Nova Scotia – this limitation period is two years in most cases, although it is indefinite in cases of sexual assault and some other assault cases, and can be extended in some personal injury claims. If you miss the deadline for filing your lawsuit–two years from the date that your accident occurred in most cases–you may be permanently barred from damages. This is yet one more reason why it’s a) important to work with a lawyer and b) to call a lawyer as early on in the process as possible.

We understand that the idea of working with a lawyer may feel intimidating for many reasons, not least of all because you may be worried about the costs of legal services. At Preszler Injury Lawyers, we offer free consultations to our clients and work on a contingent-fee basis, which means that our fees are contingent on your case win. If your case is successful and you recover a settlement, our lawyers are paid a portion of this; if your case is not successful and you do not recover a settlement, you will not owe us anything for our services. In other words, we don’t get paid if you don’t.

Another consideration when thinking about hiring a lawyer is how to choose the right lawyer for the job. This is a tough question, as there are many great law firms throughout Nova Scotia. In general, we encourage you to think about a lawyer’s education and background, their familiarity with working on cases like yours, the law firm’s reputation and track record, the lawyer’s fee structure (i.e. hourly vs. contingent fee), who will be handling the bulk of your case (i.e. a seasoned lawyer or a paid staff member), and then the general feeling you get from the lawyer and how comfortable you feel with the lawyer. It’s smart to interview a couple of different lawyers first before making a decision. Our lawyers are more than happy to talk with you about your case, your needs, and what you should expect from us throughout the process.

Taking action to call a lawyer is an important step after you’ve been seriously injured and are thinking about filing a personal injury claim to recover damages for your harm. At Preszler Injury Lawyers, we are ready to talk to you. You can start a conversation with us by sending us a message directly through our website or calling our law office at your convenience. Again, we offer free consultations and always work on a contingency fee basis. We know how much is on the line for you after being involved in an accident and we truly want to help. Please reach out to us today to learn more.

Being harmed in an accident is a terrifying experience. While nothing can undo what has happened to you, there are ways to recover compensation after an accident, including by filing a personal injury claim. Unfortunately, while you feel unready to pursue a personal injury claim for a variety of reasons–including that you are still healing physically and psychologically from your injuries–there isn’t too much time to wait. In Nova Scotia, as in all provinces of Canada, there is a limitation period that governs how much time can pass between when an injury occurs and when a person’s legal right to bring forth a claim is forfeited. Understanding this limitations period and acting within it is critical. Consider the following about how long you have to file a personal injury claim in Nova Scotia, and please reach out directly to our personal injury law firm if you have questions specific to your claim.

A limitation period is a limit on the amount of time that you have to file a civil claim for monetary damages after suffering harm due to another’s negligence or wrongful act. Each province in Canada has its own law, known as a statute, related to limitation periods. As such, it is very important that you familiarize yourself with the statue in the province in which you are filing a claim. Limitation periods exist for a variety of different civil and criminal case types, including personal injury and wrongful death claims. If you are unsure which province has jurisdiction over your case or which limitation period may apply to your case, do not hesitate to call a lawyer.

Personal injury claims are regulated by a different limitation period than is applied to other types of cases. If you are confused about what constitutes a personal injury claim, consider that if a person is filing a lawsuit in which they are seeking damages for harm done unto them as a direct result of the actions of another party, they likely have a personal injury lawsuit. Common types of personal injury lawsuits that our law firm has worked on include car accident claims, trip and fall accident claims, dog bite claims, pedestrian accident claims, and more. If you have questions about whether or not your situation warrants a personal injury claim, please connect with us.

The limitation period in Nova Scotia was amended in 2015. Today, the Limitations of Actions Act holds that there is a two-year limitation period for the majority of personal injury claims. This means that in the majority of cases, an individual has two years from the date of their accident to file a claim.

 

It should be noted that the new law holds that there is no limitation period for victims of sexual assault, domestic assault, or assaults on anyone who is emotionally, financially, or physically dependent on another party. This rule is retroactive, which means that anyone who was a victim of an assault falling into one of these categories still has the right to bring forth a claim for damages, even if the assault occurred before the law was changed. If you are a victim of assault and believed that the limitation period on your right to take action had passed, our lawyers would be more than happy to review your claim and help you to understand your rights. If you think we’re a good fit, we would be honored to represent you in your civil action.

The limitation period begins at the time that the accident occurred – the time that the cause of action accrues. In some cases, though, injuries are not immediately apparent and, in these cases, the time on the clock doesn’t start ticking until the date of discovery.

Additionally, the court is granted discretion to extend the limitation period when appropriate. This is known as a “saving provision” within the law that allows the court to extend the statute of limitations from two years to four years (but no longer than four years in all cases) if there is evidence that doing so will not show prejudice to the defendant.

Personal injury claims, in which the plaintiffs themselves are the injury victims, have a two-year limitations period in Nova Scotia, as explained above. Wrongful death suits, on the other hand, in which the victim who suffered fatal injuries’ family is looking to bring a suit, the limitation period is only one year.

If you miss the deadline for filing your claim within the required limitation period, you may be able to request that the court allow an extension of the deadline in some cases. However, in most situations, missing the deadline for filing a claim within the limitation period will serve as a bar to your recovery. For this reason, it is very important to start the claims process as early as possible.

Our law firm highly recommends consulting with a lawyer as soon as possible after being involved in a serious accident. While there is no requirement that you work with a lawyer, your lawyer can begin the investigatory process and ensure that your claim is filed within the required time limit. Again, if you miss the limitation period, you could be permanently prohibited from recovering compensation. Waiting until the last moment to hire legal representation will likely be disadvantageous when compared to taking early action to hire a lawyer.

Taking early action to initiate the claims process and to hire a lawyer isn’t just beneficial because it will help to ensure that you do not breach the limitation period, but for other reasons, too. These reasons include that you’ll be able to gather evidence while it’s fresh and well-preserved; you’ll have a greater record of your injuries and experience when you file a claim (because you started recording these data early); and you may end up settling your claim earlier, too, which means that you’ll recover a settlement sooner than you would otherwise, allowing you to move forward with your life.

In addition to thinking about the statute of limitations, which can have a profound impact on your ability to recover compensation after being seriously injured, there are a couple of other important time-sensitive things to think about:

• First, note that in many cases, including accidents involving motor vehicles, you will need to report the accident to the police. You should do this as early as possible after being involved in your accident, as this will create an important record between your injuries and your accident. If you do not report the accident, you will have a very difficult time recovering a settlement.
• Second, you should get medical care immediately after your accident. Like reporting an accident to the police, seeking medical treatment creates evidence linking the injury in which you were involved to your injuries.
• Third, you will need to report your accident to your insurance company, depending on the accident type.

A lawyer can assist you during many different steps of your claim. From the start, our lawyers at the Preszler Law Firm can review your case and make a recommendation about your options and how to proceed. We will also lead an investigation into your case, work with experts who can build your case and contribute evidence, and handle claim documents on your behalf. Of course, we will make sure that all legal steps necessary are taken throughout the process, including providing a notice of claim when necessary, and filing your suit within the limitation period. Our lawyers will also advocate for you during the settlement process, help you to understand what your claim is worth and how to recover that amount, and represent you in court when needed. Every step of the way, we will be available to take your calls, answer questions, and make sure that you feel like a priority.

One of the best ways to learn more about the personal injury claims process and the time limits for bringing forth a personal injury action in Nova Scotia (or elsewhere in Canada) is to call our law firm directly and request a free consultation. We know that if you’ve been seriously injured, you may have dozens of questions about your rights and options. Our law firm wants to provide you with support and guidance that are meaningful and effective. Please reach out to our personal injury lawyers in Nova Scotia at Preszler Injury Lawers by phone or by sending us a message directly.