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Personal Injury

Car Accident Lawyers in Atlantic Canada

Emily O'Hara at her desk in the firm's Moncton office

If another driver caused your crash, you have two claims: no-fault Section B benefits from the policy on your own vehicle, and a damages claim against the at-fault driver’s insurer. A car accident lawyer runs both. The firm acts in all four Atlantic provinces and charges no fee unless the claim succeeds.

What a Car Accident Lawyer Has to Prove

The claim is a negligence action. You must show the other driver fell below the standard of a reasonable driver, that the failure caused the collision, and that the collision caused your injuries and losses.

Fault is proven with the police report, witness statements, dashcam and intersection footage, and where needed an engineer’s reconstruction. Injury is proven with medical records and independent evaluations. Most files settle once the client’s medical condition has plateaued. A settlement signed too early cannot be reopened when a condition fails to improve.

Give a statement to your own insurer, because your policy requires it. You are not required to give one to the other driver’s insurer.

Section B Pays First, the at-Fault Driver Pays the Rest

Section B pays medical and rehabilitation expenses, weekly income replacement, and funeral and death benefits, regardless of fault. It is limited, so everything beyond it is claimed from the at-fault driver: pain and suffering, past and future loss of income, the cost of future care, housekeeping and out-of-pocket expenses. The province can also recover its health care costs from the wrongdoer as part of the claim.

The Cap, Section B and the Court Differ by Province

New Brunswick. A minor personal injury cap limits pain and suffering damages, indexed each year, and Section B is part of every policy. Damages drop by 25 percent if no seatbelt was worn and that contributed to the injury. Trials are in the Court of King’s Bench, usually before a judge alone. See New Brunswick car accident claims.

Nova Scotia. A minor injury cap applies, Section B is mandatory, and either party may ask for a civil jury in the Supreme Court of Nova Scotia. See Nova Scotia car accident claims.

Prince Edward Island. A minor injury cap under the 2014 regulations and mandatory Section B, with trials in the Supreme Court of Prince Edward Island heard by a judge alone in practice. See PEI car accident claims.

Newfoundland and Labrador. No cap, but a $5,000 deductible comes off pain and suffering damages for crashes on or after 1 January 2020, and Section B is optional, so check the policy. See Newfoundland car accident claims.

The limitation period is two years in every province. New Brunswick and Nova Scotia run it from discovery with a fifteen-year ultimate period; PEI and Newfoundland apply discoverability without a codified ultimate period. All four postpone it while the claimant is a minor.

The Office Depends on the Province of the Crash

New Brunswick files go to Moncton or Saint John, Nova Scotia to Halifax, PEI to Charlottetown and Newfoundland to St. John’s. All five are on the locations page.

Does the Firm Take Car Accident Claims to Trial?

Yes. In Allen v. Doiron, 2026 NBKB 049, the Court of King’s Bench in Moncton assessed damages at $3.3 million; the decision is summarised at the Allen result. Trainor v. DeArcos, 2025 NBCA 131, was upheld on appeal at $2.3 million. Preparing every file for trial makes an insurer settle at full value.

How Long Does a Settlement Take?

Around two years is typical, because the claim is valued once your recovery has plateaued. A file with a fast, complete recovery can settle sooner. The action is filed well before the limitation period expires.

What If I Was Partly at Fault?

Contributory negligence reduces the award by your share of fault; it does not bar the claim. The injury law areas hub lists the other claim types a car accident lawyer here handles, and the guide to partial fault explains how the split is argued.

Car Accident Lawyers in Atlantic Canada, in Short

Moncton506-854-5157Monday to Friday, 8:30 to 5:00. Calls are answered after hours.Start a Claim

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