North Bay Wrongful Death Lawyer
Under the Ontario Family Law Act, if you have lost a member of your family in North Bay due to another person’s reckless or intentional misconduct, you may seek legal recourse by filing a wrongful death lawsuit. To recover compensation for a wrongful death, you must a dependant as defined under the Act. If you believe that you may be able to assert a wrongful death action on behalf of a lost loved one, call us today at 1-800-JUSTICE for a case evaluation.
Types of Recoverable Wrongful Death Losses in North Bay
To file a wrongful death claim in North Bay, you must be related to the decedent in one of the following ways:
North Bay law also requires the plaintiff to prove that the decedent’s death was the result of the defendant’s negligence or intentional misconduct, the decedent would be qualified to recover compensation if they had survived the tort, and the plaintiff suffered damages resulting from the decedent’s passing. If you enlist the help of a wrongful death lawyer serving North Bay, they may be able to handle proving the aforementioned. If each of these elements can be proven, the surviving family member may be able to recover:
- Pain and suffering
- Cost of treating the decedent’s injuries
- Funeral expenses
- Wages lost as a result of caring for the decedent after the misconduct occurred
- Loss of consortium
- Increases in living expenses resulting from the decedent’s absence
- The deceased’s lost wages and savings
- Loss of inheritance
You may be wondering which causes of death are recoverable in a wrongful death action. In North Bay, the death may have been caused by a vast range of events to qualify for wrongful death compensation. Some common examples may include:
- Auto accidents
- Slip and fall accidents
- Medical malpractice
- Products liability
- Caregiver abuse
This list is not exhaustive. Virtually any cause of death which flowed from a defendant’s negligent or intentional misconduct may be compensable. If your claim is valid, the award or settlement that you may receive will depend on the circumstances surrounding the death. Deaths that have been determined to be the result of intentional misconduct may be eligible for increased damages.
If your loved one’s passing occurred as a result of an auto accident, you may be able to recover benefits in addition to any wrongful death damages via the Statutory Accident Benefits Schedule (SABS). These additional benefits may include:
- Funeral benefits from $6,000 to $8,000
- Spousal benefits from $25,000 to $50,000
- Dependent benefits from $10,000 to $25,000
The defendant does not have to be convicted of a crime to be convicted of a wrongful death tort. A wrongful death claim can present several complexities that the average person is often unable to navigate. At Preszler Injury Lawyers, we zealously pursue our client’s wrongful death claims. If you believe that a member of your family passed away in connection with another person or organization’s unlawful or tortious misconduct, call us as soon as possible at 1-800-JUSTICE.
We May Be Able to Fight for Your Recovery
A law called the Limitations Act requires that tort claims in North Bay be commenced within two years of the date that the cause of action occurred. An effective wrongful death claim may take months or years to develop. So, it is imperative that you contact us immediately if you suspect that you have a potential action for wrongful death.
Wrongful death cases are often resolved by settlement, but this process can be lengthy and complex. A resolution in court may take even longer and become more costly in many cases. The defendant’s liability insurance company may try to offer you an insufficient settlement. The defendant’s insurer may also try to argue that the deceased contributed to the injury or death in some way to justify a reduction or denial of your claim.
This is why you should not accept any offers to settle your claim before speaking with a wrongful death lawyer serving North Bay. Almost any party may be liable for your injuries including the businesses, municipalities, governments, and individual actors. Pursuing damage awards from multiple contributing parties may be an effective way to get you a sufficient recovery, in the aggregate.
Let us handle your wrongful death claim in North Bay from start to finish, so you can focus on your life. If necessary, we may take the defendant and their liability insurance company to court to fight for the verdict or settlement if you qualify. Preszler Injury Lawyers has handled countless tort claims in North Bay. As soon as you decide to let us represent you, we may go to work on your claim by:
- Determining an estimate of the actual value of your claim
- Determining the parties responsible for causing the death
- Visiting the scene of the death
- Interviewing witnesses
- Gathering evidence
- Reviewing medical records
- Consulting with independent medical experts
- Filing claims
- Negotiating a settlement on your behalf
We realize that financial compensation can never restore your family’s loss completely. However, covering costs and obtaining justice may bring some peace of mind. If the cost of representation is a concern, remember that our lawyers do not charge any fees unless we recover money for you. Call Preszler Injury Lawyers now at 1-800-JUSTICE for a confidential and risk-free consultation.