If you have lost a family member in a fatal car accident in Nova Scotia, you may be eligible to make two types of insurance claims: 1) accident benefits claim and 2)wrongful death lawsuit.
Accident Benefits Claim
All automoble insurance policies issued in Nova Scotia include no-fault accident benefits. These benefits are paid immediately following an accident, regardless of who was at-fault for the accident. The Accident Benefits include so-called “death benefits’. These death benefits set out a schedule of payments that are made to certain surviving famiy members of the deceased person. Only the spouse and dependants of the deceased person quality for death benefits. The amount of the payment depends on the status of the deceased person in the family at the time of his or her death: (new amounts as of April 2012)
- Head of Household ($25,000)
- Spouse of Head of Household ($25,000)
- Dependant ($5,000)
The payment is made to the surviving head of household or spouse of the head of household. If there is no surviving head of household the payment is divided evenly among the surving dependants.
Wrongful Death Lawsuit
If you have lost a family member in an fatal accident, you and other family members have the right to bring a wrongful death lawsuit against the negligent person or company responsible for the death of your loved one. Wrongful death lawsuits in Nova Scotia are governed by the Fatal Injury Act. This Act sets out the deadlines and types of compensation that can be claimed.
If you have lost a loved one in a fatal accident in Nova Scotia, it is important that you understand your rights and insurance benefits that are available to you. You may be facing financial hardship because of the loss of family income the loved one provided, so it is imporant that you act right away.