Your Personal Injury Lawyers
Whitby Wrongful Death Lawyer
While no amount of money can make up for the loss of a loved one, you should not have to bear the financial burden along with the emotional loss if your loved one’s death was due to someone else’s negligence. Understanding what your legal options are regarding a wrongful death claim may help you determine your next steps. Contact a wrongful death lawyer serving Whitby at Preszler Injury Lawyers at 1-800-JUSTICE for help.
Wrongful Death Claims
While courts understand that no amount of financial compensation can make up for the loss of a loved one, wrongful death claims are intended to attempt to mitigate the economic consequences of the unexpected loss of a loved one. It is important to note that wrongful death claims can only be brought under specific circumstances. The following criteria must be met in order to build a strong wrongful death case.
Liable Party
There must be a liable party whose action or inaction directly contributed to the death of your loved one. This party could be a person, a company, an association, or a government agency. The action or inaction could have been intentional or unintentional.
Negligence
The liable party must have exhibited some form of recklessness or negligence that directly caused the death of your loved one. Some examples of negligent behavior that could lead to a wrongful death claim could be the following:
- Personal injury accidents; i.e. someone killed in a car accident, failure to maintain a safe public area, failure to create a safe working environment, knowing about a safety hazard yet failing to fix it, etc.
- Medical malpractice
- Product liability
The Ontario Family Law Act governs any claims for wrongful death damages. Under Part V of this Act, the following persons are eligible to file a claim on behalf of their loved one:
- Spouses (including common-law spouses)
- Children
- Parents
- Grandchildren
- Grandparents
- Siblings
Wrongful Death Compensation
If your loved one passed away due to the negligence of another person or entity, you may receive compensation for their wrongful death. If you are eligible to file a claim, you may be able to receive damages for your wrongful death suit.
Some of the damages you may be able to receive include:
- Current and future medical costs associated with the accident or injury
- Funeral costs
- Loss of consortium
- Lost wages
- Punitive damages
You may be eligible to receive alternate types of compensation.
Steps to Take After a Wrongful Death
You may feel overwhelmed with grief and sadness after the unexpected loss of your loved one. However, it is important to take some steps as soon as possible to ensure that you have the opportunity to pursue a wrongful death suit at any time in the future. The following steps should be taken to protect your rights to a claim.
Gather Accident/Injury Information
You should attempt to gather as much information as possible regarding the accident or event that resulted in the passing of your loved one. If there was a car accident, taking pictures of the scene of the accident, gathering police reports, finding the contact information of all witnesses, and any other information is a good start. If the accident involved a defective product, all information should be preserved regarding the product itself. If medical malpractice was involved, obtaining the hospital records, all physician visits, tests, and notes may start to build your case.
Gather Expenses
There may be medical bills and other costs associated with the injury your loved one suffered. Make sure to gather all medical bills, physical rehabilitation expenses, or costs associated with their treatment to attempt to quantify the financial cost to your family.
Gather Employment Information
You may be able to pursue not only your loved one’s lost wages after the accident, but also possible future loss of income to the family. Gather all wage statements and earnings information that your loved one had prior to their death to show how much they made, and how much they financially contributed to the family which is now lost to you.
Document the Impact of the Wrongful Death
Create a journal that describes how your loved one interacted with you and your family members, and how that emotional support and companionship is now lost. Document how your family has been impacted due to the wrongful death of your loved one. Include how this has impacted you both emotionally and financially. Describe how your loved one will not be there to share in the companionship of a spouse, or in the guidance of a child due to their loss.
Contact a Wrongful Death Lawyer Serving Whitby
While monetary compensation can never replace your loss, if your loved one’s passing was due to someone else’s negligence, you may have a right to receive compensation for your current and future losses.
Contacting a wrongful death lawyer serving Whitby at Preszler Injury Lawyers can help you understand your rights and help you with your next steps. Call us at 1-800-JUSTICE to help you with your wrongful death case today. We may have a limited time to act under the Ontario Limitations Act.
