Wrongful Death Claims
It is always a misfortune if you lose your beloved. Nonetheless, it is more agonizing and painful if it is abrupt due to someone else’s fault. Regretfully, fatal accidents leading to deaths happen almost each day. While it is normal for you to grieve your loss, it is also wise to talk to an injury lawyer concerning a wrongful death claim. In most cases it is possible to seek a wrongful death claims . If there was an insurance policy in place there may be provisions to cover unexpected monetary difficulties for the mourning families.
WHAT IS WRONGFUL DEATH?
If a person is killed because of someone else’s fault mired with malice, negligence and product liability, it is considered “wrongful death”. The term negligence embraces automobile, airplane and workplace accidents. It also includes medical malpractice and manufacturing of dangerous goods resulting to death.
Wrongful death is a claim where an individual or entity is held liable for the death of a person. The claim, per se, is a civil action, but the events resulting to the human’s death are not.
WHAT ARE THE CAUSES OF WRONGFUL DEATH?
Before filing the wrongful death claim, the individual doing the claim must have proof that their dead loved one is a victim of negligent and reckless deeds. The following scenarios are the possible causes:
- Car, motorcycle or bicycle accidents
- Pedestrian accidents
- Products and goods that are defective
- Medical malpractice
- Accidents in the workplace
- Faulty roads
WHAT ARE THE STEPS IN FILING THE LAWSUIT AND WHO CAN FILE?
The first step to take is to talk to a lawyer. There are conceivable deadlines that you must consider. There are statutes of limitations for certain types of claims. It varies from province to province. It is critical to your case then contact a personal injury lawyer in your area. The lawyer will assist you understand the laws, brings comfort to your angsts, and in collecting evidences.
Wrongful death claims can be filed by blood relatives. It can be the husband, wife, parents, grandparents, children of the deceased, or the siblings. Most often, it is the surviving members of the family.
HOW DAMAGES ARE DETERMINED?
It is hard to place a monetary value on the family’s anguish and grief. It is thus a challenge to estimate the benefits they must claim. The pecuniary benefits in wrongful death claims will totally depend on facts and eventualities. Each claim has different summations. This is the reason why there is a need to obtain the services of a counsel in Canada.
Typically, you can advance portions of the claim . They are as follows:
- The expenses incurred that benefit the victim;
- Reasonably incurred funeral expenses;
- The sum to compensate the care, loss of guidance and the future amount the dead could receive if the death did not happen.
On one hand, except for the advanced amount, the financial benefits of the claim differ on case to case basis. Most likely, the estimated total of the salaries the deceased earns and will earn should the person is living is one of the considerations, too. The pain, misery emotional and mental anguish, and loss of inheritance could also be refunded.
In cases where the departed is never employed, his or her contribution to the family is taken into account. For instance, a stay-at-home parent who takes care and nurtures her family.
If you lost your beloved and you are suspecting that the death is due to misconduct and negligence, do not hesitate to contact us right away.
If someone close to has been fatally injured and you would like to speak with a personal injury lawyer in Ottawa about what your options are please click on the link.