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It is extremely traumatic when a loved one dies for no fault of theirs. Whether it is a car accident or a case of medical malpractice, you can never get over the trauma. And the last thing that you can think off is filing a lawsuit to get compensation. However, the fact is that filing for a wrongful death lawsuit can help you get through the financial instability and difficult times without the stress. From piling medical bills to funeral expenses, the claimed compensation will resolve these financial issues.
This is the time to contact the injury lawyer in Barrie. Under the wrongful death claim, you as next of kin is allowed to file compensation for loss of companionship, pain and suffering, burial and funeral expenses, apart from loss of future income.
Funeral expenses
If the loved one that passed away was the sole breadwinner of the family, the loss can affect the family manifold. You may not be aware, but funeral expenses are expensive. And loss of future wages can be a blow to your family’s stability and if the family was covered under same healthcare plan, then they may lose the health cover simultaneously.
Working with a personal injury lawyer can help you with the complex processes of filing a compensation lawsuit. It is essential to know that there are Statute of Limitations in Ontario for wrongful death under tort laws. You have two years from the time of death, if the person was over eighteen years. In case, the deceased is a minor, the time limits start when they become 18 years old. Though most people try to take time, before filing a lawsuit, it is important that the injury lawyer is contacted soon after the death. The lawyer will help in preservation of evidence, witness statements and more that can be lost, during the interring period.
Who can file a lawsuit?
Not everyone is entitled to file a claim on the behalf of the deceased. You are only allowed if you are the spouse, child, parent, sibling or the grandparent of the wrongful death victim. If there is a dispute and multiple family members bring on the lawsuit, the court usually consolidates these into one lawsuit. Additionally, determining the person that can file a suit will depend on the fact whether the deceased left a will. The court will allow the executer or the representative to administer the property or estate and then only they can file the lawsuit, on behalf of the wrongful death victim. Only in extremely rare cases or where the government agency is involved that the Statute of Limitations is extended. However, discuss the case with the injury lawyer before you start the process of filing the lawsuit.