Reliable Wrongful Death Lawyer in Oshawa
Losing your loved one as a result of someone else’s negligence can be emotionally and financially challenging for your family. The death of a family member has a lasting impact on the family and could prompt you to reach out to Kitchen Simeson Belliveau LLP for a wrongful death lawyer in Oshawa.
You can rely on our team to assist you during this challenging time. Our lawyers have years of experience and will look after all of the legalities while you try to recover from this tragedy. Enlisting the services of our lawyers can help you navigate the legal and administrative difficulties associated with wrongful death cases. Please call us if you’d like to speak to our wrongful death lawyer in Oshawa.
Wrongful Death in Oshawa
Wrongful death occurs when a person loses their life due to the negligence or misconduct of another party. Common causes of wrongful death include car accidents, medical malpractice, slips and falls, and accidents on construction sites. In these tragic situations, families often face the emotional and financial burden of losing a loved one.
Under the Family Law Act of Ontario, surviving family members have the right to file a wrongful death claim. This legal action can help compensate for the family’s financial losses, such as the loss of financial support and companionship that the deceased would have provided.
If you or someone you know has experienced the wrongful death of a loved one in Oshawa, it is essential to understand your legal rights and options for seeking compensation. Contact us today for more information.
Common Wrongful Death Accidents
Wrongful death can result from various accidents caused by negligence, intentional harm, or reckless actions. Some of the most common wrongful death accidents include:
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Car accidents: Often caused by distracted driving, speeding, driving under the influence, or reckless behaviour. These are among the most frequent causes of wrongful death.
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Medical malpractice: Errors made by healthcare professionals, such as misdiagnosis, surgical errors, improper treatment, or medication mistakes, can result in a person’s death.
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Workplace accidents: Construction site accidents, machinery malfunctions, exposure to hazardous materials, or lack of proper safety protocols can lead to fatal injuries.
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Slip-and-fall accidents: Property owners’ failure to maintain safe premises, such as not clearing wet floors or repairing broken stairs, can result in deadly falls.
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Product liability: Defective products, such as malfunctioning vehicles, dangerous pharmaceuticals, or faulty machinery, can cause fatal injuries.
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Nursing home abuse or neglect: Inadequate care, physical abuse, or neglect in nursing homes can lead to the wrongful death of elderly residents.
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Pedestrian accidents: Drivers who fail to yield to pedestrians or drive recklessly can cause fatal accidents.
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Drowning accidents: Drownings, especially in pools or lakes, can occur due to inadequate supervision or unsafe conditions.
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Assaults or violent crimes: Intentional harm, such as in cases of assault or homicide, can result in wrongful death lawsuits.
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Defective vehicles or accidents involving commercial trucks: Truck accidents, whether due to driver error, faulty maintenance, or overloaded cargo, can lead to fatal outcomes.
Would you like to learn more? Contact our compassionate wrongful death lawyers in Oshawa. You can also view our blog for more information.
Potential Compensation
While money can’t replace your loved one, having access to financial compensation can make subsequent hardships easier to bear financially. Our wrongful death lawyers in Oshawa can help you get the compensation you deserve.
Depending on the factors surrounding your case, you might be able to access compensation for:
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Loss of guardianship, companionship and care
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Loss of household services
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Medical costs
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Household and childcare services- Loss of income for the family
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Punitive damages- when there is negligent or criminal behaviour
Pain and suffering before death
Wrongful death compensation covers the cost of care and companionship, along with the financial burdens related to the loss. It can cover both economic and non-economic losses. We invite you to contact our wrongful death lawyers in Oshawa to learn more.
Frequently Asked Questions
Understanding the legal process around wrongful death can be complex. Below are some frequently asked questions to guide those facing the tragic loss of a loved one.
Who Is Eligible to Make a Wrongful Death Claim?
The decedent’s spouse, children, parents and siblings can make a claim. A wrongful death claim is filed against the negligent party to help the family recover the damages. These individuals are generally considered the most affected by the loss, both emotionally and financially, and are entitled to seek compensation for damages caused by the wrongful death.
When Should You File for a Wrongful Death Claim?
You must file a wrongful death claim within two years after the incident.
Can a Wrongful Death Claim Be Filed If the Deceased Contributed to the Accident?
Yes, even if the deceased played a role in the accident, a wrongful death claim may still be possible. In Ontario, the law allows for comparative negligence, meaning the deceased’s contribution to the incident can affect the compensation amount, but it doesn’t automatically bar the claim.
What Is Required to Prove Negligence in a Wrongful Death Case?
To successfully prove negligence in a wrongful death case, it must be shown that the responsible party owed a duty of care to the deceased, that duty was breached, and that the breach directly caused the death. Evidence such as medical records, witness statements, and accident reports can help support the claim.
How Long Will a Wrongful Death Lawsuit Take?
The length of time it takes to resolve a wrongful death lawsuit can vary greatly depending on the complexity of the case, the willingness of the responsible party to settle, and court scheduling. While some cases may settle relatively quickly, others may take longer if a trial is necessary.
File Your Wrongful Death Claim Today
How Can We Help?
At Kitchen Simeson Belliveau LLP, we understand the pain of losing a loved one. This is why we provide additional resources that might help you in court. We have also dealt with cases related to car accidents and long-term disability.
A wrongful death claim is nearly impossible to handle without the services of an experienced lawyer. We will make the legalities easier to understand and passionately represent you.
If you need the assistance of our wrongful death lawyers in Oshawa, get in touch.