The term wrongful death refers to a legal action that results from the negligent death of another human being. Wrongful death lawsuits aim to compensate survivors for the loss of their family member. The basis of the claim finds itself on the premise that your loved one’s death is the fault of an individual or entity.
Wrongful death often leaves families devastated. If someone negligently caused your family member’s death, speaking with our team of Mississauga wrongful death lawyers at Preszler Injury Lawyers may be able to help ease your family’s emotional and financial burden.
Preszler Injury Lawyers understand that money can never wholly remove the pain of loss you feel today. However, filing a wrongful death claim may offer you closure while ensuring that the responsible individuals remain accountable. Contact our team of personal injury lawyers for a free initial consultation by calling 1-800-JUSTICE today.
Our wrongful death lawyers can meet with you in Mississauga for a free initial consultation. Call (416) 364-2000
Types of Damages Available in a Wrongful Death Lawsuit
If courts find that your case has merit, then you may be awarded damages. Damages are the types of compensation awarded to your family if you win your lawsuit.
Damages in a wrongful death lawsuit fall under two categories: expenses and loss of consortium.
Here is a closer look at the differences between the two:
Expenses Related to Wrongful Death
This category allows for the recovery of expenses related to the death of your loved one. In general, this covers losses at the site of the accident, treatment, finances, and funeral service. Our wrongful death lawyers serving Mississauga can pursue damages related to:
- All medical expenses from hospitalization to hospice care
- All reasonable burial, cremation, and funeral expenses
- Income loss and penalties incurred during the same period
While the preceding list isn’t entirely exhaustive, you can seek compensation for expenses directly related to the economic losses you experienced as a result of your loved one’s death. A legal team member at Preszler Injury Lawyers can assist you in determining which types of wrongful death expenses are actionable in the state of Ontario.
Loss of Consortium
The second classification covers those losses experienced by family, friends, and close associates after the deceased’s death. This concept is called loss of consortium. It is the denial of the love, friendship, and contributions of the deceased. For example, loss of consortium could play a significant role in the death of parents who leave young children behind.
Loss of consortium is challenging to calculate since certain elements, like pain and mental anguish, are difficult to calculate. It’s not atypical to apply a multiplier of your measurable expenses to determine what this number should be in your initial petition to the court. At Preszler Injury Lawyers, we can assist you in establishing an amount that compensates you fairly. Call 1-800-JUSTICE today for a free initial case evaluation.
Mississauga Wrongful Death Lawyer Near Me (416) 364-2000
Individuals Eligible for Filing a Wrongful Death Claim
In almost every case, the person who files the lawsuit is the personal representative of the deceased’s estate. A will or estate plan typically names the personal representative as previously agreed upon by the individual and the decedent.
The only requirement to fulfill the role of filing a wrongful death claim is that he or she must agree to act on behalf of the estate.
If There is No Named Personal Representative
A judge will appoint someone else if the named personal representative is unwilling or if no one was named. Courts usually afford this designation to a surviving spouse, parent, or adult child. If relatives are unavailable, then the court may be willing to appoint others closely related on a case-by-case basis.
Hiring Mississauga Wrongful Death Lawyers to Stand by Your Side
There are several benefits of hiring a lawyer when it comes to pursuing a wrongful death injury claim in civil court. He or she acts as your legal partner throughout the entire process.
From investigating the circumstances of the death to offering your family guidance, wrongful death lawyers serving Mississauga understand the local legal climate and are ready to pursue your actionable claims. In addition to counsel and support, the lawyers you hire at Preszler Injury Lawyers can assist you in the following areas:
- Properly closing out the estate of your deceased family member
- Managing conflict among family members who are facing emotional challenges
- Interviewing experts and eyewitnesses for their account of the matter
- Handling communications and negotiations with insurance companies
- Investigating the conditions surrounding your loved one’s death
- Responding to motions and discovery requests
These are just a few ways in which a lawyer at Preszler Injury Lawyers can work with you and your family when it comes to seeking legal closure.
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Time Limits Exist for Filing a Wrongful Death Lawsuit in Ontario
The statute of limitations is the window of opportunity available to file a claim in court. The personal representative or surviving family members have two year statute of limitations in regards to your loved one’s wrongful death to file a lawsuit in Ontario.
Claims Against Government or Municipalities
If you are filing a claim against a government entity, then shorter time limits apply. Each province sets individual rules. Even though the time limit is still two years, you are, however, required to provide additional notice regarding your intent to sue.
It is vital that you file a claim before the statute of limitations runs out. Otherwise, you may forgo your ability to file one altogether. Speaking with a wrongful death lawyer serving Mississauga at Preszler Injury Lawyers can provide you with additional details.
Consider Working with Preszler Injury Lawyers
There are many decisions to make when it comes to filing a wrongful death claim. You don’t have to go it alone when you hire Mississauga wrongful death lawyers to represent your interests. If you experienced the loss of a family member’s life due to negligence, contact Preszler Injury Lawyers. Call us toll-free today to request an initial consultation at 1-800-JUSTICE.