Fatal accident and wrongful death claims in New Brunswick

Two years from discovery

The Limitation of Actions Act sets two years from discoverability with a fifteen-year ultimate bar.

Not the same case twice

Where a death is caused by negligence, provincial fatal accidents legislation allows defined family members to claim for loss of guidance, care and companionship, for lost financial dependency, and for funeral and related expenses. Who may claim and what may be claimed is set by statute and differs meaningfully between provinces. There is usually also an estate claim, which is a separate matter with separate rules.

Who is entitled to claim

Provincial statutes define eligible claimants — spouses, children, parents, sometimes siblings and grandparents. Common-law status, estrangement and blended families all raise real issues.

Estate claim versus family claim

They are distinct, may be brought by different people, and are valued on different principles. Both are often available.

Dependency

Where the deceased supported others financially, the loss is calculated by an economist over decades. It is the largest component of most fatality claims and the most under-pleaded.

Parallel investigations

Criminal charges, coroner’s inquests and regulatory investigations run alongside and produce evidence, but also delay. Coordinating with them is a distinct skill.