An Overview of Wrongful Death Claims

One of the many personal injury claims that personal injury lawyers are very familiar with are wrongful death cases.  When an individual dies and someone else or some other entity is at fault, the survivors of the deceased can file a wrongful death claim and sue the person or entity responsible.  The survivors can seek compensation for their losses in court which might include funeral costs, hospital and medical expenses, loss of companionship, loss of income, etc.

Ontario Wrongful Death Laws

In order to file a wrongful death claim and lawsuit in Ontario Province, you and your personal injury lawyer in Barrie must prove that the person’s death resulted from someone or something’s deliberate actions or their negligence.  Death cannot be caused by the deceased themselves and there must have been damages or loss to the survivors.  Even though the responsible party may have been found guilty of a criminal act, the survivors must file a wrongful death lawsuit they want to receive any compensation.

Who can Sue and what can They Sue for?

In order to file a claim for fatal injuries and wrongful death in Ontario Province, claims for damages and losses must be brought about by the children, grandparents, parents, or spouses of the deceased.  Common law spouses are also eligible.  They can file for the following financial losses:

·         child care or household services that the deceased provided

·         financial support provided by the deceased

·         funeral and related expenses

·         hospital, medical, and prescription medication expenses

·         reasonable travel expenses

·         sustained income (survivors are unable to work because of emotional distress)

In Ontario wrongful death cases, the amount of compensation awarded is determined by the facts of the case along with the survivor’s relationship with the deceased.  The maximum amount of compensation that can be awarded is currently $125,000.

4 Types of Wrongful Death Claims

What types of cases in Ontario, Province can be considered as wrongful death cases? According to personal injury lawyers, the 4 most common case scenarios are:

Medical malpractice – the most common basis for this type of wrongful death lawsuit is the failure to properly diagnose a significant health issue (misdiagnosis), surgical errors, and improper treatment.

Motor vehicle accidents – as the most common cause of wrongful death claims, motor vehicle accidents occur when the driver is distracted, fatigued, inexperienced behind the wheel, impaired in any way, or intoxicated.

Pedestrian accidents – these individuals are completely unprotected when they get hit by a motor vehicle.  Children and the elderly are the two groups that are at the highest risk of serious injury and death.

Workplace accidents – although manual labor groups account for the highest number of workplace fatalities, they can occur even in the safest of work environments.

Keep in mind that these are not the only types of wrongful death scenarios.  If you feel that your loved one’s death could have been prevented, contact a personal injury lawyer to discuss your situation.