Bringing a claim for Toronto wrongful death cases involving minors on behalf of the parent for the loss of their child, one would assume in a standard case that a juror, as a member of the community, would understand the tragedy of losing a child and how that would impact that person so much as a parent. The claim is based on the loss of care, guidance, and companionship. And the analysis center’s around the dynamic between the person who passed their survivors.
A minor in Toronto is considered anyone under the age 18 and there is a bit of a difference between a 17-year-old and a five-year-old. Attorneys see cases where maybe a child darted on the street and there are buses, street cars or cars in front of them. Experienced wrongful death lawyers see many cyclists and pedestrian claims related to wrongful death, especially in larger urban centers. However, it is not to say you do not see other random events occur; in the summers you see accidents in swimming pools, where people dive into a shallow end, and sustain a head injury.
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Frequency of Minor Cases
Toronto wrongful death cases involving minors include a negligent act that caused the death of a person, whether it is a minor or otherwise. The negligent act can be medical malpractice, a car accident, or slip and fall – if someone’s act caused the incident that lead to the fatality then that is what we usually refer to as wrongful death. They are more common than anyone would want. It really comes down to the nature of the accident and the severity of the injuries sustained. It is common to see pedestrian and cyclist-type incidents result in fatalities.
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Role of a Pre-Existing Condition
Based on the nature of the activity, and the nature of the pre-existing condition to determine if there is actually a causation issue. In other words, there must be proof that the pre-existing condition contributed to the death. If a child with a preexisting medical condition with their heart has a heart attack from overexertion, there is a certain voluntary assumption of risk that people take when they put themselves in situations that could trigger a medical event. This must be taken into consideration with the contributing factors of Toronto wrongful death cases involving minors.
It is also possible in Toronto wrongful death cases involving minors, that an individual has other medical conditions that do not have anything to do with the fatality that occurs. It is really important to have an understanding of the underlying medical condition and the facts leading up to the death.
Role of Damages in No-Fault Cases
If there were Toronto wrongful death cases involving minors from a car accident, a person can still claim certain contractual benefits, expenses, death benefits, and some treatment. However, if a person wants to bring a tort claim, you need to be able to sue someone and you need to be able to prove they were negligent to be able to recover compensation from that person. There are some scenarios where a person is involved in a hit-and-run accident.
There are no witnesses that got the license plate and no way to identify the motorist. There are still claims that can be brought. The Toronto government has set up a fund called the motor vehicle accident claim fund and a person can pursue a claim against the John Doe up to the limits of the minimum insurance of $200,000. In that circumstance, a person does not go know the identity of the at-fault party but can still pursue a claim.