If another person’s negligence caused a member of your family to sustain serious injuries and pass away, you may qualify to recover compensation through a wrongful death action. There are often legal options available to some surviving family members following an unexpected death in a Markham negligence accident.
At Preszler Injury Lawyers, our team can help you understand your eligibility, and we can help recover compensation if you qualify. Let us review your case and determine if we believe you are eligible to take legal action. Call 1-800-JUSTICE now.
Our wrongful death lawyers can meet with you in Markham for a free initial consultation. Call (416) 364-2000
Wrongful Deaths Occur in Almost Any Type of Negligence Accident
A wrongful death action may be possible after almost any type of negligence accident if there is strong evidence to show another person’s careless or reckless behaviour caused it. While we will need to review the specific details of your case to determine if you may qualify, types of incidents that sometimes support wrongful death actions include:
- Motor vehicle accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Birth injury
- Premises liability
- Assault and other violent acts
- Product liability
- Other types of negligence accidents
Ontario law limits who can take legal action in a wrongful death case. You may be eligible if you are an immediate family member of the accident victim. This includes:
- Your husband or wife
- Your child, including both minor and adult children
- Your mother or father
- Your brother or sister
- A grandparent
A wrongful death lawyer from Preszler Injury Lawyers can discuss your potential legal action with you today. We will evaluate the merits of your case and help you understand if you may be eligible to recover compensation. Call us today at 1-800-JUSTICE. In the event you also sustained injuries in the accident, we may be able to meet with you in Markham if your injuries or treatment prevent you from travelling.
Markham Wrongful Death Lawyer Near Me (416) 364-2000
Preszler Injury Lawyers Can Help You Build a Wrongful Death Case If You Qualify to Take Legal Action
Family members cannot recover wrongful death compensation following every negligence accident that causes someone to pass away. This type of compensation is only available to qualifying family members who demonstrate that they have evidence to prove their case and sufficient grounds to move forward with legal action.
If we believe you are eligible for a wrongful death recovery, we may be able to build a strong wrongful death case on your behalf. When possible, this will include evidence to show:
- The identity of the liable party whose action or inaction contributed or directly caused your family member’s death.
- How and when the liable party acted negligently or recklessly, the action that caused your loved one’s injuries.
- How your family member’s death caused you or others in your immediate family to suffer damages.
At Preszler Injury Lawyers, our wrongful death lawyers serving Markham can discuss your possible wrongful death case with you. We may be able to help you understand the strength and viability of your wrongful death case based on the facts of your loved one’s accident. Call us today at 1-800-JUSTICE to learn more.
Recoverable Damages Potentially Available if You Are Eligible to Take Legal Action
The compensation available to those who qualify for a wrongful death legal action is very different from the damages that may be available in other types of negligence cases. Qualifying wrongful death actions have their own recoverable compensation.
A wrongful death legal action, when possible under Ontario law, allows the surviving family members to recover compensation for:
- Loss of care, guidance, and companionship
- Expenses related to the accident and loss
- Loss of shared family income
- Loss of caregiving capacity
- Punitive damages, in some cases
- And more if you qualify
Each family member may qualify to recover different types and values of compensation. For example, minor children may have a litigation guardian to protect their interest in the loss of shared family income. Adult children may not be able to recover this type of damage.
What is not included in this list is compensation for the emotional losses and suffering of the surviving family members. There are no non-pecuniary general damages available to family members in a Markham wrongful death case.
As we navigate the steps of building a case and taking legal action, assuming you are eligible, the team from Preszler Injury Lawyers may be able to help you understand more about the specific compensation recoverable based on the facts of your case.
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There Are Time Limits for Taking Legal Action
Under the Limitations Act, you likely have only two years from the date of your loved one’s death to file a wrongful death action. The Limitations Act puts a statute of limitations on all Ontario negligence cases, including wrongful death cases. There are some factors that may affect this time limit.
If you qualify to take legal action, your lawyer will consider these factors and help you understand the rules that will apply in your unique case. It is imperative that we meet the deadline to take legal action in your case, or you could lose your eligibility to recover compensation.
Discuss Your Case with a Wrongful Death Lawyer Serving Markham
If someone else’s negligence caused your loved one to sustain injuries and pass away, you may be eligible to file a wrongful death action. To recover compensation, you will need to prove liability, negligence, causation, and your own damages. In addition, you will need to be a qualifying family member allowed to file a wrongful death action under Ontario law.
Let Preszler Injury Lawyers review your case today. We can explain if you may qualify based on the facts of your case. We can help recover compensation for your injuries if you do qualify. Call 1-800-JUSTICE now to discuss your case with a wrongful death lawyer serving Markham and other nearby areas in Ontario, Canada.