Scarborough Wrongful Death Lawyer
When a loved one dies suddenly, it is as if your world is shattered with the unexpected news. When it turns out that somebody else was at fault for that death, and that the accident was preventable, then your pain can be even greater. Know that there are systems in place for holding liable parties accountable when a wrongful death occurs.
If your loved one has died and you think that a wrongful death may have occurred, we want to help. Call our team at Preszler Injury Lawyers today for a free initial consultation regarding your case.
Types of Wrongful Death Causes
We live in a world where wrongful deaths can occur in any situation. There are some causes of wrongful deaths that occur more frequently than most. Some causes of wrongful deaths include:
- Motor vehicle collisions
- Defective consumer products
- Pedestrian collisions
- Faulty medical devices
- Medical errors or malpractice
- Slip and fall accidents
- Trip and fall accidents
These are just some of the most common causes of wrongful deaths, but the list goes on. If you believe that your loved one’s death may have been the fault of someone’s negligence, call a wrongful death lawyer serving Scarborough today.
The Statute of Limitations Is Short in Scarborough
We understand your grief, but it is critical that you do not wait to contact a wrongful death lawyer serving Scarborough. The window of opportunity to pursue legal action against a negligent party who is at fault in your loved one’s death is short. Family members of someone who has died in a way that qualifies as a wrongful death are generally limited to two years from the date of the accident when bringing legal action against a liable party under the Ontario Limitations Act.
Establishing Liability in a Wrongful Death Claim
In order to win a wrongful death claim, we must prove that the defendant was at fault for your loved one’s death. The defendant may have intentionally done something that caused your loved one’s death, or they may have acted in a way that was negligent.
Intentional tort and torts of negligence exist to compensate victims when harm has transpired and a responsible party can be identified. In a wrongful death claim, establishing tort helps determine possible financial damages.
Proving an Intentional Tort in a Wrongful Death Case
An intentional tort is a deliberate act done with the intent to injure another person or to interfere with that person’s rights. Some acts that may qualify as intentional torts include:
- Assault
- Assault causing bodily harm
- False imprisonment
- Medical procedures conducted without the consent of the victim
- Any act intended to cause emotional distress
Your case may involve an intentional tort, and if so, a wrongful death lawyer serving Scarborough may set out to prove this. In many cases, the actions by the defendant were not intentional, but qualify as negligent, and therefore may result in financial damages paid to you.
Proving Torts of Negligence in Wrongful Death Cases
In order to prove a tort of negligence, it must be proven that reasonable care was not taken by the defendant in order to prevent the death of your loved one. For example, if we prove that a motorist involved in a fatal collision was texting or was driving while impaired by drugs, alcohol, or fatigue, they may be held liable under a tort of negligence.
A lawyer may help you understand which form of tort applies to your case. Call our team at the Preszler Injury Lawyers today to learn more about how we may be able to help.
How a Wrongful Death Lawyer May Benefit You
A wrongful death lawyer serving Scarborough may be able to prove intentional misconduct or negligence by the liable party in your loved one’s wrongful death. Our legal team may do the following:
- Visit and talk with you to get a full picture of the impact of the deceased’s loss on you and your family.
- Speak with medical professionals to understand how the actions of the liable party caused your loved one’s fatal injuries.
- Speak with accountants and other relevant professionals to calculate the financial losses caused by your loved one’s death.
- Ensure that your family’s rights are protected throughout the legal process, from our first meeting to the completion of a judgement or settlement.
Who May Benefit From a Wrongful Death Claim
In order to receive compensation in the wake of a wrongful death, the plaintiff must prove that they are closely related to the deceased. Part five of Ontario’s Family Law Act explicitly details who may be able to make a wrongful death claim. They include:
- Spouse (husband or wife)
- Children
- Parents
- Siblings (brothers, sisters)
- Grandchildren
- Grandparents
There may be exceptions to this list. If you want to file a wrongful death claim on a loved one’s behalf, a wrongful death lawyer serving Scarborough may provide further clarification concerning the options that may be available to you.
Recoverable Damages in a Wrongful Death Claim
While every case is different, if it is found that your loved one’s death was the fault of another party, you may be entitled to:
- Compensation for the lost wages of the deceased
- Financial protection covering the future income of the deceased
- Compensation for any medical care required by the incident
- Compensation for the loss of companionship (spouse)
- Compensation for the loss of guidance (children)
You and your family may be entitled to additional damages depending on the unique circumstances of your case. Call our team at Preszler Injury Lawyers today for a free consultation.
