Guelph Wrongful Death Lawyers
The sudden loss of a loved one due to wrongful death throws you and your family into a period of hardship filled with difficult questions and emotions. This whirlwind is then further complicated by complex legal proceedings.
At Wynperle Law, we recognize the unique challenges you face during this time. Our team is here to offer clear guidance to help you navigate your case. With an experienced Guelph personal injury lawyer by your side, you can work to secure the compensation you’re entitled to and the ease emotional and financial burden of your sudden loss.
Wrongful Death Claims
When a wrongful death occurs, it usually means that someone has passed away before their time. In these scenarios, families often hesitate to pursue claims, feeling powerless amidst their grief. While a wrongful death claim cannot replace a loved one, it can alleviate some of the financial hardship the loss has caused so that you may grieve more peacefully.
As per Ontario’s Family Law Act, Part V: Dependents’ Claim for Damages, families or estates of a deceased can initiate a tort lawsuit against those responsible. This lawsuit applies to both cases involving someone else’s negligence, such as car accidents, and intentional acts leading to death. An appointed representative of the deceased’s estate is authorized to pursue legal action for the affected family members of wrongful death accident victims.
COMPENSATION FOR THE WRONGFUL DEATH OF A LOVED ONE
The recoverable damages according to The Family Law Act include:
Direct Costs: This category covers expenses directly linked to the wrongful death, including healthcare costs and funeral arrangements.
Funeral and Burial Fees: This refers to all expenses related to the funeral and interment.
Travel Expenditures: Costs incurred for visiting the deceased if they received treatment for serious injuries, like brain injuries, spinal cord injuries or others, before they passed.
Loss of income: Represents the deceased’s financial or service contributions to the family.
Household and Childcare Contributions: Acknowledges the deceased’s role in daily household tasks and childcare.
Non-Pecuniary Damages: This covers the family’s emotional distress and the overall adverse impact on quality of life stemming from the loss.
Beyond monetary losses, Ontario law may grant your family a compensation of up to $125,000 for the loss of guidance, care, and companionship.
Timing is a Factor
For wrongful death claims, there’s a 2-year deadline to file from the moment you learn the death resulted from negligence or intentional acts, whether this is done through your own research or discussions with medical professionals. This timeframe is definitive. The Court does not allow extensions, irrespective of how the loss has affected your family.
No matter the circumstances, we advise seeking a second opinion from personal injury lawyers to validate the credibility of your suspicions.
Proving a Wrongful Death
Each situation is unique, but wrongful death cases often lead to both criminal and civil legal actions. Your lawyer must demonstrate that the accused party bears exclusive responsibility for the death. This entails presenting proof against the individual or institution, including evidence that they:
Owed a duty of care to the deceased: Lawyers must prove the defendant had a legal responsibility to maintain a specific level of care towards the victim.
Violated the duty of care through recklessness or negligence: This involves showing how the defendant’s conduct or inaction fell short of the required care standard.
Directly caused the victim’s wrongful death: Lawyers need to establish a clear connection between the defendant’s behaviour and the victim’s death.
Our team of Guelph personal injury lawyers conducts in-depth investigations. We have a wealth of experience with wrongful death cases and will leave no stone unturned.
The Wrongful Death Claims Process
Wrongful death claims are a nuanced aspect of personal injury law. Engaging an experienced wrongful death lawyer eases the responsibility of gathering evidence and proving your case. Remember, you’re not facing this alone. We are here to support you through every step of the legal process:
Initial Consultation: Evaluating Your Case
We start with a free consultation. In this initial meeting, you can discuss your case specifics, express concerns, and ask questions. Our experienced personal injury lawyer will assess your situation and offer a candid evaluation of your claim’s potential.
Investigation: Putting a Strong Case Together
Upon confirming the legitimacy of your case, our team will conduct their investigation. They will gather evidence like medical records, accident reports, witness testimonies, and surveillance footage when available. We might also collaborate with experts to thoroughly examine the incident and determine liability.
Negotiation and Settlement: Pursuing Compensation
Our team will then begin negotiations with the culpable entity or their insurance company. Our focus during this stage is on obtaining a just settlement that reflects the damages and suffering caused by your loved one’s wrongful death.
Litigation: Fighting for Justice in Court
If negotiations stall or don’t produce an agreeable settlement, our legal team will pursue court action. This involves initiating a lawsuit and arguing your case in front of a judicial panel. We will guide you through the litigation process, defend your interests, and present your case in a way that is compelling and effective.
We recognize the profound emotional impact of losing a family member or loved one to wrongful death, and we will work to secure the financial compensation you need to heal in peace.
Contact our Guelph Personal Injury Lawyers Today
Wrongful death can occur for a wide variety of reasons, from motor vehicle accidents to medical malpractice and more. At Wynperle Law, we prioritize your comfort during these difficult times. Ask your questions, tell us your story, and let us assist you with your personal injury claim. If you or your loved ones have been affected by a wrongful death or serious injury as the result of someone else’s negligence, our team is always ready to help.
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