How to Navigate Wrongful Death Claims in Ontario
How to Navigate Wrongful Death Claims in Ontario
Did your loved one suffer a wrongful death accident?
It is always painful when a loved one passes away, especially if you believe that the death was a result of the negligent actions of another party.
Apart from mourning the loss, you will also have to go through the process of filing a wrongful death claim. It helps you get compensation for the losses you have suffered. While monetary compensation cannot amend the loss of your loved one, it can help you feel a sense of justice and ease the burden of loss.
But navigating wrongful death claims in Ontario is not easy. You will need a qualified Toronto lawyer to help you prove that the defendant’s negligence was a direct and proximate cause of your loved one’s death. Below are some important things to know about wrongful death.
Common Causes of Wrongful Death
A wrongful death claim in Toronto can occur in various ways. These may include:
It is estimated that 94 people in Canada have died in 88 fatal crashes in 2021, an increase from last year. From distracted and drunk driving to dangerous driving, most of these deaths may be as a result of driver’s negligence. In case you have lost someone due to the negligent actions of a driver, you can file for a wrongful death claim in Ontario.
Death on the road can also be due to poor roads or improper traffic signs. You can hold the government liable in the event of a wrongful death accident.
Healthcare providers should provide proper treatment, diagnosis, and prescriptions. When they fail to provide the accepted standard care and it leads to death, you can sue them for wrongful death. Whether it is a birth injury, wrong medication, abuse, and neglect, or extreme surgical errors, you can get in touch with our Ontario lawyer and file a medical malpractice claim.
Airplane accidents that occur due to poor plane design, defective plane parts or pilots’ negligence can be classified as wrongful deaths. If you have lost a family member to a plane crash, you can sue the airline company for negligent hiring, training, and supervision and plane manufacturers for the defective part.
Wrongful deaths in the workplace can occur due to illness due to an unsafe environment, faulty equipment, improper training, or exposure to dangerous chemicals and hazardous situations. Our reputable Toronto lawyer can help you in proving wrongful death at the workplace so you can get the justice you deserve.
You can hold manufacturers, retailers, suppliers, and distributors liable if they manufacture, sell, supply, or distribute defective products that result in the wrongful death of your loved one. From design and manufacturing defects to failure to warn customers of defects, let a Toronto lawyer take charge of your product liabilities claim.
Who Can Sue for Wrongful Death in Ontario?
If you have lost a loved one, you have a right to seek compensation for their untimely death. According to the Ontario Family Law Act, you may if you are a spouse or dependent of the deceased. Dependents regarded as wrongful death victims include the parents, children, grandchildren, siblings, or grandparents.
When making an Ontario wrongful death claim, you must prove that you were dependent on the victim before the case proceeds. You should ensure you file the case within two years after the death of your loved one. After two years, the case becomes null unless you were a minor. Minors have until two years after they reach the legal age for the claim to be nullified.
The Process of Wrongful Death Claims in Ontario
Want to file a wrongful death claim but do not know where to start? Follow the simple steps below:
Step 1: Contact a Lawyer
You should consult with a knowledgeable Toronto attorney who can help you investigate the facts surrounding the death and determine if there is a sound basis to proceed with legal action. They can also help you identify the responsible parties that you will sue for compensation.
Step 2: Negotiation and Settling
In this case, the party who you plan to sue for wrongful death will try to settle the matter out of court. Your lawyer can help you get a fair settlement to avoid the hassle of court proceedings. If you cannot reach an agreement, you can take your wrongful death claim to court. This step does not occur in every wrongful death case.
Step 3: Filing the Suit
If negotiations are not successful, your lawyer for a wrongful death claim will help you file a lawsuit. All the named defendants will get served and need to appear in court on the specified days.
Step 4: Litigation
The litigation phase of wrongful death will include interrogations, collection of evidence, requests for documentation, talking to witnesses, and more. You will also undergo pre-trial and trial. Our experienced Toronto lawyer will create a solid case to ensure the verdict is in your favor at the end of the trial. You’ll get the maximum compensation you deserve.
Types of Compensation in Ontario Wrongful Death Claims
Your family is entitled to a range of compensation in case of a wrongful death case. You can be compensated for the following.
Loss of Guidance, Care, and Companionship
When your loved one dies due to a negligent act, you can no longer receive their love, affection, care, guidance, and protection. Through a wrongful death lawsuit, you can seek compensation for this non-economic loss.
If the deceased was making crucial financial contributions to the family, your wrongful death claims can shift the financial responsibility to the negligent parties. Assessment of the amount of compensation will depend on the salary earned by the deceased.
The wrongful death lawyer will help you ensure the negligent parties cover the medical bills in case the deceased underwent medical treatment before passing away.
As a surviving family member, you cannot shoulder the burden of the funeral if it was a result of wrongful death. Whether your loved one wished for burial or cremation, the negligent party should take care of it.
Consult with a Toronto Lawyer for Your Wrongful Death Claims
Lost a loved one due to negligent actions? Want justice to be served?
Look no further than Ristich Law. Our Toronto lawyers will set up a solid case to ensure you get the compensation and justice you deserve. Request a callback today for help with your wrongful death claims.
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