Losing a loved one is a devastating time in any ones life and particularly to those who lose a friend or relative due to the actions of someone else. Nearly every day an accident occurs that could cause fatal injuries and the loss of family member or friend.
If you have lost a family member or loved one due to the negligence of others, our lawyers can provide you with comprehensive legal counsel on the matter. Our knowledgeable team can help you determine if you have the grounds to pursue a wrongful death lawsuit and how to proceed with your claim.
What is Wrongful Death?
In order for anyone to be able to proceed with a wrongful death claim, the surviving family members must be able to establish that the death:
- Was due to negligence or recklessness of another party, or deliberate that the individual did not die due to actions of their own.
- Has caused measurable damages, for example a spouse is now suffering from money issues because the deceased was the primary breadwinner before they passed away.
Surviving family members whom have been impacted by the death might include minor child/children. If there are minors involved then a guardian may be appointed in order to look after the best interest of the child/children and their future.
Who Can File a Wrongful Death Suit?
If you have lost a loved one or family member, you may be entitled to compensation for their untimely death. The individual who may legally bring forth a wrongful death suit may vary by province, but most commonly it should be a relative of the deceased.
Relatives who may file a wrongful death lawsuit include:
- Child/Children of the deceased
It is most often a surviving family member, or beneficiary, that may be entitled to make a claim against the negligent party responsible for the death.
Similar to most types of claims there is a time frame for which a person can file for wrongful death and limitations may vary by Canadian province.
Common Causes of Wrongful Death
In order for a wrongful death suit to precede the person making the claim must be able to prove that their loved ones death was in fact caused by negligent or reckless behavior.
Some common causes of wrongful death may include:
There are many reasons for which a person may be killed at the hands of a negligent party, for this reason some common persons a wrongful death lawsuit may be brought against include:
- A negligent or reckless driver
- The designer of a faulty road
- A manufacturer or distributor of a defective product and/or medication
- An individual who served alcohol to a clearly intoxicated driver
The purpose of a wrongful death suit is to hold the person who was responsible for the death of a loved one accountable their actions and in some cases, lack of action.
Wrongful Death Settlements
The full amount of damages a person may collect from a wrongful death claim can be difficult to determine. Experts may be called on within specific fields to determine and calculate the damages a loved one may claim. For example an expert in the field of work the deceased practiced may be able to determine how much in lost income a family will have to deal with.
Some common types of damages that may be collected include:
- Medical bills
- Funeral expenses
- Lost wages the individual may have earned over their lifetime
- Pain and suffering family members and loved ones have endured
- Further punitive damages
Pain and suffering is often difficult to assess, but with an experienced wrongful death lawyer by your side you will be able to fight for the justice and MAXIMUM amount of compensation you deserve.
Contact our Windsor Wrongful Death Lawyers
At our firm, we sympathize with those that have lost a loved one at the hands of a negligent individual or party. We understand how frustrating this type of situation may be and those who are considering taking legal action should seek legal counsel right away.
Since 1981 we have opened our doors to personal injury victims and their families and believe that careless individuals who have wrongfully taken a life should be held responsible for their actions. We will help you, and your loved ones, fight for justice and ensure that you receive the MAXIMUM amount of compensation you deserve.
Our office is located in Windsor, Ontario and we also proudly serve clients in the surrounding areas, including:
- Devonshire Heights
…and further local areas. To find out how we can help you, contact us at (866) 320-4770 and one of our intake staff members will take your call right away. After a few initial questions about your claim we will connect you with a lawyer to further discuss your case.
If you prefer to contact us online, simply fill out the FREE CASE REVIEW form at the top right hand corner of this page and your claim will be reviewed right away.
Greg Monforton & Partners – compassionate, comprehensive legal solutions.