The preventable death of a child, spouse, parent, sibling, or other family member is a tragedy from which you may never fully recover. Whether the death was caused by negligence or violence, we understand that you feel utterly powerless in this senseless and devastating situation. The Windsor wrongful death lawyers at Preszler Law Firm are here to give you back some of your power through civil justice. Our compassionate lawyers handle all types of wrongful death cases and are here for you in your time of need.
Our wrongful death lawyers can meet with you in Windsor for a free initial consultation. Call (416) 364-2000
When Can a Wrongful Death Claim or Lawsuit Be Filed?
Whenever another party’s negligent or intentional actions cause death, that party can be held financially accountable in a civil lawsuit. These instances include the following:
- Car crashes
- Truck collisions
- Motorcycle collisions
- Pedestrian collisions
- Bicyclist collisions
- Medical errors
- Defective medical equipment or devices
- Defective products
- Premises accidents such as slip and falls, negligent security, and dog attacks;
- ATV collisions
- Snowmobile collisions
This is not a comprehensive list, however. There are virtually unlimited scenarios in which a negligent party could potentially be held liable for a death. For instance, an Ontario woman who was being held in jail on probationary charges went into labor and the jail staff failed to call an ambulance for nine hours. The woman’s infant died a year later due to breathing complications caused during the difficult birth, according to Prison Legal News, and the plaintiff sued the detention center for $1.3 million.
Windsor Wrongful Death Lawyer Near Me (416) 364-2000
Traffic Collision Fatalities Statistics in Ontario
333 people were killed in traffic collisions in 2018, according to CTV News Windsor. There were over 72,000 collisions, an increase from the year before. Distracted driving, one of the leading causes of crashes, is at an all-time high thanks to cell phone use behind the wheel. Another serious risk on the roads are transport trucks; there were 55 deaths involving trucks in 2018, which was also higher than the year prior. 19 were killed using off-road vehicles, such as ATVs, while 24 were killed in snowmobile collisions. In many of these cases, distracted driving, speeding, aggressive driving, and alcohol were leading contributors to the fatalities. Drivers owe each other a duty of care while on the road, and even if the “accident” was a mistake that anyone could have made, such as failing to look carefully enough for a motorcyclist in a blind spot, negligence is never a valid excuse.
Negligent drivers need to be held accountable for their actions. Speeding due to impatience, cell phone and social media use due to boredom or vanity, and intoxication due to recklessness are all forms of disregard for others’ safety and well-being. Traffic collisions are not always simple when it comes to finding fault, which is why a rigorous investigation needs to be carried out in all crashes, particularly when a death has occurred.
Medical Errors Are a Leading Cause of Wrongful Death in Canada
A study published in the Canadian Medical Association Journal found that preventable medical mistakes contribute to the deaths of between 9,000 and 24,000 patients annually, as reported by CBC News. Many of these medical errors go unnoticed by the victims’ families, and medical malpractice, in general, is often difficult to prove even when survivors notice that something went wrong. If you suspect that your loved one was prescribed or given the wrong medication, the doctor failed to promptly diagnose a serious condition, or a botched procedure or surgery led to your loved one’s death, the time to take legal action is now.
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Who Is Eligible to File a Wrongful Death Claim in Ontario?
The following people with the relation to the deceased victim are eligible to file wrongful death claims on behalf of their lost loved one:
- Spouses (including common-law)
Damages in a Wrongful Death Claim
No amount of compensation can bring back a loved one or absolve the negligence of the at-fault party. Compensation can help cover bills and the following expenses in a wrongful death lawsuit:
- Lost income the deceased would have likely earned throughout their lifetime;
- Loss of consortium—the guidance and companionship that was taken away from the dependants of the deceased
- Lost household and childcare services the deceased provided
- Pain and suffering of the deceased victim
- Medical expenses of the victim
- Loss of income of the claimant, such as not being able to work as a result of grief
- Travel expenses of the claimant and dependents during medical treatment before the death occurred
- Funeral and burial costs
Why You Need a Lawyer
While no one can put a price tag on human life, insurance adjusters can certainly put a value on a wrongful death claim. More often than not, insurance companies will do everything in their power to devalue a plaintiff’s claim or place blame on the deceased victim. Even if the negligent person admitted fault and sorrow, that does not mean that his or her insurer has the same intentions of righting the wrong by handing over the maximum compensation available in the policy. Our Windsor wrongful death lawyers are skilled in the courtroom, as well as outside of the courtroom when it comes to negotiating, leading investigations, and compiling damages. While it is never desirable to take a lawsuit to trial, insurers all throughout Ontario and Canada have a good understanding of the experience and skill that our lawyers posses due to the thousands of successful outcomes we have provided for our clients.
Our Windsor Wrongful Death Lawyers Are Here for You
Handling the logistics of a wrongful death claim while grieving, taking care of your family, and attempting to make sense of such a senseless tragedy is simply too much for anyone to handle, which is why we fully take the reins when it comes to compiling doctor’s bills and other damages, as well as communicating with insurers and investigators. To schedule a free consultation with one of our compassionate Windsor wrongful death lawyers, call The Preszler Law Firm today at 1-800-JUSTICE.