If you are hit by a drunk driver in Nova Scotia, you can sue them in civil court for your injuries, lost wages, and potentially Punitive Damages. A criminal impaired driving conviction serves as powerful evidence of gross negligence, significantly strengthening your civil lawsuit.
Being involved in any motor vehicle collision is traumatic, but discovering the at-fault driver was impaired by alcohol or drugs adds a layer of intense anger and frustration. In Halifax, impaired driving remains a serious issue. When someone chooses to get behind the wheel while intoxicated, they are acting with reckless disregard for public safety.
When this happens, there are two separate legal systems at play. 👮 The police and the Crown prosecutor will handle the criminal charges (such as DUI or Impaired Driving Causing Bodily Harm) to punish the driver. However, the criminal court will not automatically compensate you for your pain, suffering, and financial losses. To get justice for yourself, you must hire a local civil litigation lawyer to launch a personal injury lawsuit against the driver and their insurance company.
Step-by-Step Process for a Civil DUI Claim in Halifax
Navigating a civil claim while a criminal case is ongoing requires strategic timing. Here is how a law firm generally handles an impaired driving accident case in Nova Scotia.
Step 1: Cooperate with the Police Investigation
Ensure you speak with the Halifax Regional Police or the RCMP. Provide a clear statement and give them access to your medical records if requested. Their accident reconstruction reports and breathalyzer results will become vital evidence for your civil lawsuit later on.
Step 2: Access Your Section B Benefits
Even though the other driver was drunk, you must still apply for your own “Section B” no-fault benefits through your auto insurer. These benefits will quickly cover your immediate physiotherapy, massage therapy, and a portion of your lost income while you recover.
Step 3: Monitor the Criminal Court Proceedings
Your lawyer will keep a close eye on the at-fault driver’s criminal case at the Halifax Provincial Court. If the driver pleads guilty or is convicted of an indictable offence like Impaired Driving, your civil lawyer can use that conviction as indisputable proof that the driver was negligent.
Step 4: File the Civil Lawsuit and Seek Punitive Damages
Your lawyer will file a lawsuit in the Supreme Court of Nova Scotia. In addition to claiming standard compensation (pain and suffering, lost wages), your lawyer may argue for “punitive damages.” This is extra money the court orders the defendant to pay purely to punish their terrible, reckless behaviour.
Standard Damages vs. Punitive Damages
Understanding the difference between the types of compensation is important for DUI cases. 💰
| General Damages | Compensates you for pain, suffering, and loss of enjoyment of life. |
| Special Damages | Reimburses actual out-of-pocket expenses, like medical bills, lost wages, and property damage. |
| Punitive Damages | Designed specifically to punish the drunk driver’s malicious or highly reckless conduct and deter others. |
How Much Does it Cost in Nova Scotia?
Pursuing an impaired driver civilly does not have to drain your savings.
- Lawyer Fees: Most Halifax injury lawyers work on a contingency basis. You pay nothing upfront, and the firm takes roughly 25% to 33% of the final settlement.
- Court Costs: Filing a Statement of Claim in the Supreme Court is generally around $250 CAD.
- Evidence Gathering: Obtaining police reports, criminal court transcripts, and expert medical opinions can cost several thousand dollars, which your lawyer usually fronts for you.
How Long Does the Process Take?
These cases require patience. A civil lawsuit involving a DUI often takes 2 to 4 years. Your lawyer will usually wait for the criminal trial to finish, and they must also wait until your medical condition has reached maximum medical recovery before agreeing to a final settlement.
Frequently Asked Questions (FAQ)
Will their insurance cover them if they were drunk?
Insurance policies in Nova Scotia require drivers to obey the law. If a driver is convicted of a DUI, their insurance company will likely cover your third-party damages, but they will later sue their own driver to recover the money.
What if the drunk driver is uninsured?
If the impaired driver had no insurance or fled the scene, your lawyer will help you claim compensation through the “Section D” uninsured motorist coverage of your own auto policy.
Do I have to testify in the criminal trial?
You may receive a subpoena from the Crown prosecutor to testify about the accident in the criminal court. Your civil lawyer can guide you on what to expect, though they cannot represent you in the criminal trial itself.
Are punitive damages guaranteed in a DUI case?
No. Punitive damages are rare in Canada and are awarded at the judge’s discretion. They are typically reserved for exceptionally reckless behaviour, such as a repeat offender driving with a suspended licence while highly intoxicated.
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