When someone dies because another person was careless, the family can sue. In New Brunswick that claim runs under the Fatal Accidents Act, and a fatal accident lawyer in New Brunswick brings it for the spouse, children and parents left behind. This page explains who can claim, what the claim pays for, the two-year limit, and how the case moves from first meeting to settlement or trial.
The claim does not put a price on a life. It replaces the money and the household work the person would have provided, so the people who depended on them are not ruined on top of grieving. The rules on who counts as a dependant and what can be recovered are technical, and a missed step can cost the family the whole claim.
Mike Murphy Law Group is led by Michael B. Murphy, KC, a former Attorney General and Minister of Justice of New Brunswick. The firm has more than 40 years of practice and over 100 reported decisions. It has run fatal claims arising from vehicle collisions, product failures and falls, and it takes them to trial when the insurer will not pay what the case is worth.
The Fatal Accidents Act Lets Named Survivors Sue for Money Losses
The Fatal Accidents Act is the statute that lets survivors sue. The action is brought on behalf of the estate and the surviving dependants. Only named family members can claim, usually the spouse, children and parents.
The Act compensates “pecuniary” loss, meaning money. That covers the share of the deceased’s future earnings that would have supported the family. It also covers the household services the person did, such as childcare, cooking and home repairs, valued at what it costs to replace them. A fatal accident lawyer in New Brunswick works with economists to put a number on those losses over the years they would have continued.
The Act also lets a parent claim for loss of a child’s companionship. No award replaces the person, but the law recognises that loss has a value and the firm argues for the full amount the courts allow.
The Survival of Actions Act runs alongside. It lets the estate recover costs the deceased incurred between the injury and the death, such as medical bills and lost wages in that window. Courts read the Fatal Accidents Act and the Survival of Actions Act together, and the split between them decides who receives what.
The full text of both statutes is on the Government of New Brunswick legislative website. The firm has practised in this province for decades and reads these statutes in every fatal file.
Road Deaths Produce Most Fatal Injury Claims
Road deaths are the most common source of wrongful death litigation. That includes highway collisions, impaired drivers and heavy commercial trucks. In those cases the firm pulls the driver’s history, the vehicle maintenance logs and the electronic data recorder.
For a death on the road, our car accident lawyer team handles the insurance side. We also act for families after New Brunswick pedestrian accidents, which are often fatal because the person on foot has no protection. In every case the family must prove that another party’s negligence caused the death.
Other settings where fatal injuries occur:
- New Brunswick motorcycle accidents, where visibility and right-of-way are usually the issue.
- Boating, ATV and snowmobile accidents.
- Fatal falls on commercial or residential premises.
Each needs a different investigation: a commercial truck death turns on federal and provincial trucking regulations, while a fall turns on the condition of the premises. The firm retains investigators, engineers and medical experts as the file requires.
Insurers know which firms settle and which try cases. The firm’s willingness to go to trial is what moves an offer.
A Fatal Accident Lawyer in New Brunswick Handles the Insurer, the Evidence and the Deadlines
The lawyer’s work falls into three jobs: communication, evidence and dates. The insurer’s adjusters start work the day after a death. A grieving family should not be the ones answering their calls. The lawyer takes over all communication so nobody is pressured into a low early settlement.
The first job is evidence. Police reports, security video from nearby businesses and witness statements disappear fast. Where the mechanics of the crash are disputed, the firm hires an accident reconstructionist.
The second job is finding every source of recovery: every liable party and every policy that responds. In New Brunswick that includes Section B, the no-fault part of the auto policy, which pays funeral expenses and a death benefit without waiting for fault to be decided. Those benefits are paid by the deceased’s own insurer, or the insurer of the vehicle involved, on forms the family completes with the firm’s help. The firm gets those benefits flowing early, because the tort claim against the at-fault driver can take years and the funeral bill arrives in weeks.
The third job is the deadline. Most wrongful death claims must be started within two years of the date of death. Some claims have shorter notice periods, and missing one ends the claim. The lawyer tracks each date, from the first notice letter to the filing of the Notice of Action, and diarises the two-year limit from the date of death.
The firm acts on a contingency fee. There are no upfront costs, and the fee is a percentage of what is recovered. If nothing is recovered, no fee is owed.
Damages Replace the Income and Services the Deceased Would Have Provided
The award is built from the deceased’s earnings and household work. The aim is to put the survivors in the financial position they would have held had the death not happened. That requires a look at the deceased’s career path, life expectancy and retirement plans.
The heads of damage in a New Brunswick fatal claim are:
- Loss of financial support, the share of income that would have gone to the spouse, children or other dependants.
- Loss of household services, the value of the cooking, cleaning, repairs and yard work the person did.
- Loss of companionship, a non-pecuniary award for a parent who has lost a child.
- Funeral and burial expenses.
- Out-of-pocket medical and travel costs incurred before death.
Actuaries and economists project the earnings and adjust for inflation, tax and the chance the deceased would have changed jobs or retired early. If a young parent dies, the claim covers decades of income and the cost of raising the children to adulthood. If a retired parent dies, the lost income is small but the household services they provided are still valued and claimed. The number is different in every file, and the insurer’s actuary will produce a lower one. The case is decided on whose assumptions the court accepts.
Dependency is its own question. The claim must show how much of the deceased’s income actually supported each claimant. Blended families, second incomes and common-law relationships all need proof, and the firm assembles it.
Insurers Contest Fault, Standing and Deadlines
Insurers raise the same arguments in nearly every fatal file. Contributory negligence is one: the argument that the deceased was partly at fault. If that argument succeeds, the award is reduced by that percentage. The answer is evidence and expert testimony, prepared before the argument is made.
Multi-vehicle deaths mean multiple insurers arguing over shares of fault. The firm has run those disputes and keeps the family’s claim at the centre of them.
Standing is contested too, because the Act pays only the people it names, and an insurer that can knock out a claimant reduces the total award. The Act names who may claim, and a common-law spouse or a financially dependent relative may have to prove the relationship. Our fatal injury lawyers handle that proof.
Discovery and trial mean revisiting the death in detail. The lawyer prepares the family for each step and carries as much of the process as possible.
If the Limitation of Actions Act deadline passes, the right to sue is gone. Claims against a municipality or government body can require notice within 90 days. Early instructions matter for that reason alone.
Mike Murphy Law Group Brings a Trial Record and Five Offices to Fatal Claims
The firm’s case for itself is its record. Michael B. Murphy, KC, was Attorney General of this province. He has seen how these statutes are drafted and how the courts apply them. The firm has the resources of a large office and the direct attention of a small one, whether the claim is in Moncton or elsewhere in Atlantic Canada.
What the firm brings:
- Over 100 reported decisions and more than 40 years in litigation.
- Working knowledge of New Brunswick’s courts, judges and opposing counsel.
- Section B claims and actuarial loss calculations handled in the same file.
- Five offices across Atlantic Canada.
The firm’s legal professionals act on a no-win, no-fee basis so cost is not the reason a family stays silent.
Cross-border deaths are handled too. If a New Brunswick resident dies in another province, or a visitor dies here, the offices in Nova Scotia, PEI and Newfoundland coordinate on where the claim should be filed.
A Wrongful Death Claim Runs From Consultation to Distribution in Five Stages
The stages are consultation, Notice of Action and discovery, mediation, trial if needed, and distribution. The first meeting is free and carries no obligation. The lawyer listens, reviews the documents the family has, and explains the options. If the firm takes the file, investigation starts at once.
The lawsuit begins with a Notice of Action. Discovery follows: both sides exchange documents and give evidence under oath. This is where internal company emails and maintenance records that show a safety failure come out.
Most cases then go to mediation, where a neutral mediator works with both sides toward a settlement. The family attends with counsel, the insurer sends an adjuster with authority to pay, and the mediator moves between the two rooms. Mediation often ends the case without a public trial, and the settlement is confidential.
If it fails, a judge hears the evidence and decides liability and damages. The firm prepares every fatal file as if it will reach that stage.
The last step is distribution. Where minor children are beneficiaries the court approves the settlement, and the firm sets up the trusts or annuities that hold their share.
FAQ
Who Can File a Wrongful Death Claim in New Brunswick?
The executor or administrator of the estate brings the claim under the Fatal Accidents Act. It is brought for the statutory beneficiaries: the surviving spouse, parents, children and in some cases others who were financially dependent on the deceased.
What Is the Time Limit for Filing a Fatal Accident Lawsuit?
Two years from the date of death in most cases. Claims against a municipality or certain government bodies have shorter notice periods. Speak to a lawyer as soon as possible so no date is missed.
Can I Still Claim If My Loved One Was Partially at Fault for the Accident?
Yes. New Brunswick applies comparative negligence. The survivors still recover, but the award is reduced by the percentage of fault assigned to the deceased. The lawyer’s job is to keep that percentage as low as the evidence allows.
What If the Person Who Caused the Accident Has No Insurance?
If the at-fault driver is uninsured or unidentified, as in a hit-and-run, the claim can proceed under the uninsured automobile coverage in your own policy or through the Facility Association.
How Much Does It Cost to Hire a Fatal Accident Lawyer in New Brunswick?
Nothing upfront. All personal injury and fatal accident claims are taken on a contingency fee. The fee is a percentage of the settlement or judgment, and if there is no recovery there is no fee.