Barrie Wrongful Death Lawyer
Wrongful death cases in Barrie are governed by the Ontario Family Law Act. Under the Act, when an individual has died and their death was due to the negligence or wrongdoing of another person, the deceased’s blood relatives can sue for compensation.
The death of a loved one is always hard, but a compassionate Barrie wrongful death lawyer can help surviving family members get compensation for their financial losses. A Barrie personal injury lawyer can assist you in presenting a case towards a preferred outcome.
Types of Wrongful Death Cases
Many people think that ‘wrongful death’ is a very dramatic term and that these cases are very rare in Canada. However, they are not. Anytime there is a fatal car accident, a wrongful death lawsuit is likely to follow.
Motor vehicle accidents remain the leading type of wrongful death case, but there are others that a Barrie wrongful death lawyer can assist with including:
- Medical malpractice.
Doctors and other healthcare professionals literally hold the lives of their patients in their hands. When they misdiagnose or fail to diagnose serious conditions early enough, the patient could greatly suffer and even pass away due to that wrongdoing or negligence. In these cases, surviving family members often have a valid wrongful death claim. - Product liability.
This is an area that holds manufacturers, retailers, and other sellers of products responsible for what they are selling. When those products are dangerous they can hurt the people using them; and in the worst cases, those customers may even pass away from their injuries. This would also be legal grounds for a wrongful death case. - Premises liability.
Although not as common, premises liability can sometimes be the basis for a wrongful death claim, such as in cases where a young child has wandered onto someone else’s property and fallen into a pool and drowned. While Canada does not have the ‘attractive nuisance’ laws that many of the States do, Barrie does have pool enclosure by-laws in place. When these are not adhered to, owners of the pool can be held responsible.
When individuals have lost a loved one, and they believe the death could have been prevented but was caused by someone else’s misconduct or negligence, they need to speak with a Barrie wrongful death lawyer.
Filing a Wrongful Death Claim in Barrie
The Ontario Family Law Act is very clear that only blood relatives may file a wrongful death claim. In most wrongful death cases, this includes spouses and children but can also include siblings, parents, and grandparents.
Compensation in Wrongful Death Cases
Different types of compensation are available for surviving family members in wrongful death cases. Compensation is most easily given for financial losses including:
- Loss of income the deceased would have made throughout their remaining lifetime
- Loss of financial support the descendants would have received
- Medical expenses, medication costs, and other bills associated with the death or injury that caused the death
- Funeral costs
- Loss of household or childcare services the deceased supplied
Compensation can also be sought, with the help of a Barrie wrongful death lawyer, for the loss of care, guidance, and companionship the deceased provided, but the highest award for this type of compensation is $125,000 in Ontario.
In the best of cases when there are multiple parties filing for wrongful death, they will be able to come to an agreement on their own about the division of compensation awards. If they cannot, a judge, mediator or arbitrator will make the decision based on the dependency each family member had on the deceased.
Contacting a Wrongful Death Lawyer
If you have lost a loved one due to the negligence or wrongdoing of another person, contact a Barrie wrongful death lawyer today. While a lawsuit may not be the first thing on your mind, you may be entitled to financial compensation to help with some of the losses you have incurred.
