The Toronto wrongful death case process does not usually begin until there is enough information for the individual to pursue. The importance of having evidence and witness information in place is to get the case to trial within three years of when an experienced wrongful death attorney has been retained. There can be delays along the way and factors that could influence the timing.
The timing of the case is impacted by the number of people involved in the lawsuit. There may be a number of people who were negligent, and there may be other accident victims bringing claims. If there are six or seven defendants and they all have their own lawyers then the process to gather the evidence is going to be a little more difficult as opposed to a case where there is just one person who is at fault. Once the evidence gathered, attorneys can prepare to go trial. People should keep in mind that a case could settle before going to trial meaning the timing can differ between settlement and taking a case to trial.
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Gathering Evidence for an Investigation
It goes back down to what is the cause of action, meaning, the Toronto wrongful death case process may start by the deceased family making their complaint to the college, physicians, and surgeons and there is an investigation into what led up to the death of the deceased from a medical perspective.
When dealing with a motor vehicle collision that resulted in the death of a person, the information you want on the front end would usually be an accident reconstruction report and a police file with witness notes, witness statements, photographs of the scene, and photographs of the vehicles. Trying to gather all this information to prove the facts leading up to the incident and see if there is negligence involved.
There still may be coroner’s reports and other information depending on the facts around how the accident occurred. The investigation usually starts with the liability based on the facts of the event in question. The case can be seen as completed when it is either settled, lawyers have a jury verdict or the client has recovered the compensation.
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Estate Representative
Determining an estate representative depends on a number of factors. The courts will determine who should administer the person’s estate on an application. In terms of litigation of the Toronto wrongful death case process, if a person starts a lawsuit trying to recover for their own losses, a person does not necessarily need an estate trustee involved. However, if a person is pursuing a claim on behalf of the estate, someone needs to be appointed as an estate trustee.
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Role of an Attorney
An attorney will get involved as soon as they are retained. When an individual has a lawyer, they are going to begin the investigation. They are going to gather the liability facts and make sure there is an at-fault party that can be pursued for the negligent act that caused the death of their loved one. A person has two years to a start a lawsuit, and the case officially starts when a person files the court papers, which lawyers refer to as the statement of claim in Toronto. Once a person files the statement of claim, a person’s lawsuit is officially started in the eyes of the court but the date of the loss is when the event is triggered.
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