Losing a loved one is one of life’s most devastating experiences, made even more painful when the loss is due to someone else’s negligence or misconduct. In this blog, we provide a comprehensive guide to wrongful death, helping you navigate the litigation process and seek justice for your loved ones.
What Is Wrongful Death?
In simple terms, wrongful death is when the death of an individual is caused by the negligence, recklessness, or intentional actions of another person or entity. This can be the result of a wide range of situations, including medical malpractice, work-related accidents, car collisions, and even malfunctioning products.
Understanding Wrongful Death Lawsuits
- Negligence
In wrongful death cases, negligence refers to the failure to exercise reasonable care, leading to the death of another person. For example, many claims arise from car accidents where the at-fault driver failed to adhere to basic safety regulations.
- Intentional Acts
Apart from negligence, wrongful death may also be caused by the intentional acts of an individual, such as murder, manslaughter or assault.
- Malpractice
Another cause of wrongful death is medical malpractice, which occurs when a hospital or healthcare professional deviates from standard protocols, resulting in a patient’s death. Lawsuits in these cases are only successful if it can be proven that the actions or omissions of the accused significantly contributed to the person’s death.
Who Can File a Wrongful Death Lawsuit?
In most cases, close family members can file a wrongful death lawsuit to help them recover from the emotional and financial damage caused by their relative’s death. This typically includes the decedent’s spouse, children and parents. It is also common for financial dependents to be eligible to file a wrongful death lawsuit. This includes life partners, siblings and family members who can prove their financial reliance on the deceased person.
Am I Entitled to Compensation?
The wrongful death of a person typically entitles family members to be financially compensated. In a successful lawsuit, you may have access to compensation for:
- Pain and Suffering
- Funeral Costs
- Medical Costs
- Loss of Health Care and Insurance Benefits
- Loss of Income and Future Earning Potential
- Punitive Damages for Negligent or Criminal Behaviour
Making a Wrongful Death Claim
The first thing to do in a wrongful death case is to hire an experienced lawyer to help you through the process and navigate the legal system. Experienced professionals will be able to help you start an investigation and gather evidence that proves that the deceased person lost their life due to the negligent actions of another person.
Once the investigation is complete, you will be able to file a lawsuit against the responsible person or entity. In many cases, the accused party may try to negotiate a settlement with the surviving family members before the trial. If an agreement cannot be reached, your case will proceed to trial where your lawyer will represent you in court to protect your rights and seek justice for you.
Legal Assistance in Ontario
If you have recently lost a loved one and believe you may have grounds for a wrongful death lawsuit, Kitchen Simeson Belliveau LLP is here to support you. Our experienced team provides both emotional support and legal guidance. You don’t have to face the legal process alone, let us help you seek justice and obtain the compensation you deserve. Reach out to us.