Fatal Accident Claims
If a family member or a loved one has been killed as the result of the negligence of another, you may be entitled to compensation through a fatal accident claim or a wrongful death claim. Tragically, some accidents can result in death, either at the time of the accident or after. In New Brunswick, there are special statutory claims for wrongful deaths or fatal accidents that can be brought on behalf of the relatives or loved ones of the deceased. The claims may include compensation for: Funeral expenses, loss of companionship, grief, loss of financial support, and other pecuniary losses. In addition, claims that existed on behalf of the deceased individual at the time of death may be continued by the estate or relatives.
Our personal injury law firm has over 35 years of experience in fatal accident or wrongful death claims. Our lawyers exclusively practice personal injury law, and we only ever represent the side of the injured party. We have represented many family members in their fatal accident and wrongful death claims in Fredericton and throughout New Brunswick and have helped them recover the compensation they deserve. Our lawyers will not only get you an excellent result on your claim, but they are also trained in trauma-informed practices to help support you as you navigate the legal system.
Understanding Fatal Accident and Wrongful Death Claims
A fatal accident or wrongful death claim can be brought whenever another’s negligence has resulted in the death of an individual. There are two main statutes in New Brunswick that dictate what kind of fatal accident or wrongful death claims can be brought:
The first statute is called the Fatal Accidents Act. This Act allows family members to bring a claim for losses that flow from the death of a family member, where the death is caused by the negligence of another. The types of losses that can be claimed depend on the relationship between the party claiming compensation and the deceased. For example, parents can claim amounts for loss of companionship and grief where the deceased is a dependent child. Children can claim amounts for loss of guidance and support where the deceased is a parent. There are other types of damages that can be claimed under the Fatal Accidents Act, including funeral costs and other pecuniary losses.
The Survival of Actions Act allows an individual’s right of action to survive beyond their death for the benefit of their estate. Therefore, in some cases, the estate of a deceased individual may also have a claim. Damages for this type of claim can include past losses that the deceased incurred before the time of death. These types of claims often occur where there is a period of time between the negligence that caused the death and the death.
Often, claims will include damages under both statutes. Our lawyers can explain to you the types of compensation that could be available to you as the result of a fatal accident or wrongful death.
Why Hire a Fatal Accident or Wrongful Death Lawyer in New Brunswick
Fatal accident or wrongful death claims can last for months or even years. These types of claims can be complex. Some of the law around these claims is relatively new. There often is not a lot of legal reference material with respect to damages for fatal accidents or wrongful death claims. It is important to retain a lawyer who has a good understanding of the statutes and the relevant case law and has experience negotiating and trying these types of claims.
There are also often limitation dates for bringing fatal accidents and wrongful death claims. The rules around these limitation periods are governed by specific New Brunswick statutes and laws. Our lawyers can advise you of any potential limitation dates and ensure that you do not lose your right to bring a claim. The earlier you contact Melanson Law, the better we can help you avoid missing a limitation date.
Melanson Law has over 35 years of experience with wrongful death or fatal accident claims. We have negotiated settlements for many of these claims for our clients, and we have a strong understanding of the types of damage claims and the amounts that can be successfully pursued.
Pursuing a wrongful death or fatal accident claim can be distressing. Our lawyers are trained in trauma-informed practices to best support you throughout the claims process. We also have experience in managing these claims in a way that best respects the distressing nature of these claims.
Our Experienced Fatal Accident and Wrongful Death Claim Lawyers
Melanson Law is run by the father-daughter team of Brent and Jessica Melanson. Brent has been representing clients for fatal accident and wrongful death claims for over 35 years and Jessica for over 10. Melanson Law’s personal injury lawyers have extensive experience and take a client-centred approach to representing their clients for fatal accident and wrongful death claims.
We have considerable experience in these types of claims. We know the nuances of the legal system and are intimately familiar with the Fatal Accidents Act and the Survival of Actions Act. We are also well-versed in the law on fatal accident and wrongful death claims. We have resolved many claims and have established relationships and a reputation with insurance adjusters and defence counsel. This ensures that your claim is taken seriously by the insurance companies.
A large part of the personal injury lawyer’s role is also to guide the client through the legal process for resolving a claim. Melanson Law takes this role seriously. We clearly explain the steps of the process as they happen, and we provide you with the information necessary to make informed decisions by explaining your options and providing our advice. We are in touch on a regular basis to keep clients informed and advise on our strategy for the claim. We not only aim to get the best compensation for our clients but also to ensure that the client is well-supported throughout the process.
Personal injury law, at its core, is about helping people. Insurance companies often won’t provide compensation for fatal accident or wrongful death claims without a lawyer involved to advocate for the claim. At Melanson Law, we care about helping our clients enforce their legal rights. Our lawyers want our clients to get the compensation they deserve and will work hard to get an excellent result.
Melanson Law offers free consultations for people who have lost a family member and loved one and want to understand their options. At Melanson Law, we have represented many clients for fatal accident or wrongful death claims. During the free consultation, we can explain the process of fatal accident or wrongful death claims and discuss the types of compensation you may be entitled to.
We offer free consultations over the phone. Alternatively, you can meet with one of our lawyers in person. For those located in Fredericton, a meeting can be scheduled at our Fredericton office. Call our office on our toll-free line anytime, and we can schedule an appointment for your free consultation.