In 2016, 267,213 people died in Canada. Medical conditions such as cancer, heart disease, and stroke were the top three causes. Number 4 on the list was accidents.
Nobody wants to hear that their loved one has died unexpectedly, but unfortunately, many families deal with this reality. While many people die from medical conditions and natural causes, many also die from accidents and unintentional acts. These incidents are classified under wrongful death. If a person is killed due to someone else’s negligent or reckless behavior, his or her family can file a lawsuit against the liable party and recover compensation for damages.
Wrongful death are civil actions only. A person who is sued for wrongful death and forced to pay compensation to the victim’s family will not automatically face criminal charges. A separate criminal suit is required in order for the person to face penalties.
Our wrongful death lawyers can meet with you in Belleville for a free initial consultation. Call (416) 364-2000
Suing for Wrongful Death
After you learn that your loved one has died, you will likely be very upset. You may be devastated. You will 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 lawsuit will not bring your loved one back to life. However, 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 such a tragic situation. A lawsuit can be brought against any party responsible for the person’s death, including individuals, companies, government agencies, and other entities.
A person who sues for wrongful death can recover both economic and noneconomic losses. Economic losses are damages that are easy to quantify because they have specific costs involved. These include medical bills, lost wages, property damage and any other out-of-pocket expenses. Noneconomic damages, on the other hand, tend to be emotional damages that are harder to quantify. These may include pain and suffering, loss of support, scarring, disfigurement and loss of enjoyment of life.
The laws and requirements involving wrongful death lawsuits vary from province to province. In Belleville and other parts of Ontario, wrongful death is governed by the Family Law Act. Under this act, spouses, children, grandchildren, parents, grandparents, and siblings can file wrongful death lawsuits and collect damages.
Belleville 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, slips and falls, medical malpractice, workplace accidents, and defective products. 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 negligence was caused by someone else’s negligence, then a lawsuit can be filed. For example, if a drunk driver causes an accident that kills another driver, the drunk driver would be considered negligent and can be forced to pay damages. An unskilled doctor who operates on the wrong body part and causes serious injury or death, as a result, can be sued by the victim or their family.
Wrongful death can also be intentional. If a driver intentionally runs over a pedestrian, he or she can be held liable for the damages. The same applies in cases of murder.
Variations in Canadian Wrongful Death Laws
Wrongful death laws vary in Canada based on each province. If you have concerns about your claim, be sure to contact the wrongful death lawyers at Preszler Law Firm. We can help you understand the requirements based on the location of the wrongful death. Here is a look at the requirements in each Canadian province:
- Manitoba: Wrongful death claims in Manitoba are based on four factors; current legislation, the claimants, the amount of the awards and judicial principles.
- British Columbia: Survivors must prove that the death was due to someone else’s negligence or deliberate action and was not caused by the actions of the deceased. The claim must also prove that the person’s death has caused significant damage to the surviving family members.
- Nova Scotia: Like British Columbia, a wrongful death claim in Nova Scotia must show that the person’s death was not due to their own carelessness and was in fact caused by someone else’s negligence or deliberate action. Spouses, parents, grandparents, and children are all allowed to file claims.
- Ontario: Ontario laws are similar to those in British Columbia. It must be proven that the death was caused by someone else’s negligence or intentional action. Also, it must be proven that the person’s death caused measurable damage to surviving parties.
- Quebec: In Quebec, there are two ways in which a person can recover compensation for a person’s wrongful death: action by the heirs and direct action by other affected parties. Any claim for damages must be successfully proven in court.
- Alberta: This province has the most lenient wrongful death laws. 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 claims.
Complete a Free Case Evaluation form now
Settle or Go to Court?
In a wrongful death case, is it better to take a settlement or take the case to court? The wrongful death lawyers at Preszler Law Firm can advise you of the pros and cons of your options. There will always be risks involved, but we will give you the information you need to make the right decision for you based on your situation.
Many people opt for a settlement because they are guaranteed. You know what the other side wants to offer you, and you can choose to accept it or decline it and move on to a court trial.
Court trials, however, are unpredictable. When a judge and jury is involved, you never know what can happen. You may get much more money than you expected or may get nothing at all.
Speak with an Experienced Wrongful Death Lawyer
Dealing with a sudden, unexpected death can be devastating. Filing a wrongful death lawsuit can help bring closure to the situation while helping you obtain compensation for damages.
Preszler Law Firm has helped many grieving families file wrongful death claims. We can help you, as well. Contact our caring and compassionate wrongful death lawyers to get the assistance you need during this difficult time. Call a href=”tel:1-800-JUSTICE” or fill out the online form to schedule a free consultation.