WRONGFUL DEATH CASES
Wrongful death cases are a specific sub-category of personal injury claims, brought by family members of someone who has died. Family members have a right to bring a wrongful death claim or lawsuit when their loved one has died unnecessarily because of someone else's negligence.
For example, in the case of Murray Estate v. Advocate Contracting Ltd, Mrs. Murray was killed when a truck, carrying a load of logs, overturned on the highway and crushed her car. The accident happened on the highway near Parsboro, Nova Scotia.The truck driver, and his employer, later admitted he was driving too fast to make the turn in the road and that his carelessness resulted in the death of Mrs. Murray. Mrs. Murray's husband and two young children brought a wrongful death lawsuit against the negligent driver. The court awarded the family $1,051,500, which included compensation for loss of care guidance and companionship, loss of Mrs. Murray's contribution to the family income, and the Children's loss of future financial support from their mother.
Sometimes the circumstances surrounding the death of the loved one are unclear, and it is difficult for family members to get information. This often happens when a family member unexpectedly dies in the hospital. A wrongful death lawsuit is one way of forcing people, businesses, hospitals, etc, to disclose information about the loved one's death.
In Nova Scotia, wrongful death claims are governed by the Fatal Injuries Act. The Act sets out who is entitled to make a wrongful death claim, based on his or her relationship to the deceased person:
- a spouse
- a common-law partner (co-habitated in conjugal relationship for at least one year before death)
- son, daughter, grandson, granddaughter, step-son, step-daughter
- father, mother, grandmother, grandfather, step-mother, step-father
It is important to note that family members must file a wrongful death claim within 12 months of the death of their family member. Failure to meet this deadline may result in the loss of your right to have the court enforce your right to compensation.