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A family that has dealt with the untimely passing of a loved one does not need to face another shattering experience. Yet it could face such an experience, if it fails to plan well for the court case that is bound to follow any pursuit of a wrongful death action. An experienced personal Injury Lawyer in Stouffville ought to be aware of that danger. Hence, such an attorney should work to prepare for possible presentation of one of the typical challenges to a wrongful death action.
Most common defenses/challenges
No proof of negligence: No proof that the defendant committed a careless and neglectful act, which was the proximate cause for the death of the relative that was loved by the grieving family members. In addition, the family must show that it has suffered qualitative and quantitative damages, due to the loss of their loved relative.
No causal connection: There is no proof that the defendant’s actions were the cause of the untimely death, the death of someone deeply loved by close family members.
Self-defense: The defendant felt threatened with imminent loss of life or with imminent bodily harm before acting in self-defense. Moreover, the threat came from the man or woman that died in response to the defensive action.
Other defenses:
The deceased was engaged in an unlawful act, before becoming the target of the defendant’s actions. This defense might be used if a police officer has used a violent means to prevent commission of crime. Of course, a family can question the level of violence used by the police officer/defendant. That was one move in a chain of moves that paved the way for introduction of outside voices, in one particular case about a wrongful death (see final paragraph of article).
The deceased had recognized the risks associated with a given situation, and the deceased had chosen to become involved with what was happening within that same situation. The deceased had contributed in some way to the circumstances that led eventually to his or her death.
There was a release agreement: That means that the defendant had signed a release form. Because the defendant’s signature was on that form, he or she had been released from liability for any injurious act performed on a specific premise, or performed while under the care of certain individuals.
One of the defenses of wrongful death is considering the Statute of Limitations. Oftentimes, people bring on the lawsuit after the time limits have passed, which makes it difficult to file for compensation. After the expiry of the Statute of Limitations, the living kin lose the right to any damages. That is why it helps to talk with a lawyer, as they can help you give you the best advice.