In 2016, 267,213 people died in Canada. Ranking behind cancer, heart disease, and stroke for causing these deaths was unintentional injuries. Accidents were the #4 cause of death among Canadians that year.
Accidents can happen in a variety of ways. When a person is killed in an accident, this is called wrongful death. If a person is killed due to someone else’s negligent or reckless behavior, that person’s surviving loved ones can file a lawsuit against the liable party and recover compensation for damages.
Our wrongful death lawyers can meet with you in Stirling for a free initial consultation. Call (416) 364-2000
Suing for Wrongful Death
The unexpected death of a family member can be devastating. You will likely be grieving and taking care of your family member’s affairs during this time. Probably the last thing on your mind is filing a lawsuit.
A wrongful death lawsuit against the liable party can be beneficial in many ways. It will allow you to recover compensation to pay for damages that have been incurred due to your loved one’s death. It will also punish the liable party for their wrongdoing. A wrongful death lawsuit can also bring about closure to a tragic situation. You can file a lawsuit against any party responsible for the person’s death, including individuals, companies, government agencies, and other entities.
However, there are nuances involved in Canada’s wrongful death laws. Each province has different laws and requirements that apply. Stirling, which is located in Alberta, actually has the most lenient wrongful death laws in the country. When filing a claim, survivors are not required to prove grief. Compensation is automatic, and no evidence is needed to prove damages. Spouses, children and parents are allowed to file wrongful death claims.
Stirling Wrongful Death Lawyer Near Me (416) 364-2000
Types of Wrongful Death
There are many ways in which a person can die from someone else’s negligence. Accidents are the most common. Accidents can involve motor vehicles, such as cars, trucks, buses, motorcycles, boats, and scooters. They can also include bicycle and pedestrian accidents.
Defective products such as cars, appliances, tools, car seats, toys, and drugs have caused fatal injuries to consumers. Premises liability issues such as slips and falls and murder can also lead to wrongful death. So can workplace accidents, which are common in the construction and manufacturing industries.
Medical malpractice is another serious issue. Surprisingly, medical negligence is quite common. Mistakes made by doctors and nurses contribute to tens of thousands of deaths in Canada every year.
Nursing home abuse and neglect can also lead to death. Many patients are physically abused by nursing home staff. There are cases in which staff members do not give patients the food, water, and medication they need, leading to dehydration and malnourishment. Some patients suffer serious injuries such as falls and bedsores and do not get the medical help they need.
Wrongful death does not have to be accidental. It can also be intentional in nature. If a driver intentionally runs over a pedestrian, they can be held liable for the damages. The same applies in cases of murder.
Liability in a Wrongful Death Case
In order to file a wrongful death case, a third party has to be liable. Many accidents are caused by the victim’s own negligence. In these situations, the victim’s family would not be able to file a wrongful death claim. However, if the accident was caused by someone else’s negligence, then a lawsuit can be filed.
To file a wrongful death claim, you will have to have sufficient evidence. You will need to prove three main elements:
- A third party’s actions—or lack thereof—caused your loved one’s death.
- The liable party’s negligence or recklessness caused your loved one’s death.
- Your loved one’s death has led to economic or noneconomic damages.
The Stirling wrongful death lawyers at Preszler Law Firm can assess your case to determine if you have a viable claim. If so, we will start working right away to collect the necessary evidence to prove such a claim. We will assist you in obtaining the compensation you need to pay for damages caused by your loved one’s death.
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A wrongful death case begins once there is enough information for the lawyer. Therefore, it is crucial that the family members work closely with the lawyer and provide as much information and evidence as possible. Witness accounts can be extremely helpful. The more information, the better the outcome. The evidence needed will depend on the cause of action. For example, a medical malpractice case will focus primarily on medical records, while a car cash will require photographs, police statements, and accident reports.
Wrongful death cases can take a long time. The goal is to get the case to trial within three years. However, there can be delays along the way that can cause a case to take even longer.
The number of people involved in the lawsuit is one factor that can cause delays. In a complicated case such as a truck accident or a defective product, there could be several parties who may be liable. Gathering the evidence in these cases will be more challenging than a case where just one person is at fault.
Once all the evidence is gathered, a lawyer can then prepare to go to trial. It is possible that a wrongful death case could settle outside of court before going to trial, so the timeline may vary.
A wrongful death case is considered to be completed when it is either settled, there is a jury verdict or the client has recovered the compensation.
Speak with an Experienced Wrongful Death Lawyer
Dealing with the unexpected death of a loved one can be devastating. While nothing can bring your family members back to life, a wrongful death lawsuit can help you obtain compensation for damages such as medical bills, funeral expenses, and pain and suffering. It can also bring closure to the situation so you can move forward.
The experienced team at Preszler Law Firm has helped many grieving families file wrongful death claims. We can help you as well. Our caring and compassionate wrongful death lawyers will be here to assist you during this difficult time. Call 1-800-JUSTICE or fill out the online form to schedule a free consultation.