The loss of a loved one as a result of an accident is one of the worst experiences a person can have. Not only is there the sadness and emptiness left by the loss, but there can also be significant expenses and a loss of income associated with the death of the breadwinner of the home.
While there is nothing you can do to bring your loved one back, the law in Ontario allows you to seek compensation for wrongful death that occurs in the workplace or as a result of someone else’s negligence.
Oatley Vigmond offers free consultations with no commitment for the bereaved to determine whether or not their family is eligible. Whether you need qualified legal representation, or immediate and ongoing support for your family in the wake of this tragedy, we can help:
What is Wrongful Death – Does My Family Have A Case?
Wrongful death often comes as a result of some type of negligence, which frequently occurs in:
Nursing homes or other care facilities
In the workplace
Criminal negligence and faulty products are other common causes for wrongful death.
When bringing a wrongful death claim, the personal injury lawyer and bereaved will determine whether an individual or organization will be held accountable. For an individual to be liable, the wrongful death lawyer must prove that the accident occurred solely as a direct result of an individual’s actions. Alternatively, corporations, organizations, or businesses may be tried and held liable as entities.
There are two types of claims that are generally brought when an individual has passed as a result of wrongful death. The first type of claim that may be brought is on behalf of the estate of the deceased. The second type of claim that may be brought is called a Family Law Act claim by family members of the deceased.
Those eligible for suing on behalf of the deceased include:
The common law partner
Part V of the Family Law Act outlines regulations for a dependent’s claim for damages and specifies who is eligible for compensation.
Proving wrongful death often requires the same burden of proof as any other personal injury claim.
That is, the wrongful death lawyer must prove that:
The defendant owed the victim a duty of care;
The defendant failed to provide the duty of care; and
The defendant’s failure to provide this duty of care directly resulted in the wrongful death of the victim
How Much Will my Family be Compensated if Our Wrongful Death Claim is Successful?
Compensation includes not only the income that your loved one would have provided to your household throughout their life, but also for your loss of care, guidance and companionship as a result of their death under the Family Law Act. You can also seek compensation for funeral expenses.
Though the actual amount varies from case to case, damages in a wrongful death case are typically structured so that the surviving spouse or family member receives a percentage of the net income of the deceased from the time of death to the end of their career.
If your loved one passed away as a result of a motor vehicle accident, you and your family members may also be able to access certain resources through the auto insurance company. Oatley Vigmond has assembled a team of Accident Benefits Specialists who are previous insurance adjusters. Our Specialists are familiar and experienced in dealing with wrongful death claims arising from motor vehicle accidents. Our Accident Benefits Specialists will help ensure that you and your family have access to all of the financial resources available to you.
You can find more information on successful verdicts and settlements that our wrongful death lawyers have secured here.
Our personal injury law firm understands the financial burden of wrongful death. Funeral costs, loss of wages, and child care expenses can be overwhelming, which is why we refuse to burden our clients with additional legal expenses. Instead, our personal injury law firm offers free consultations and will not collect service fees until your claim is successful. This ensures your family can mourn and recover without added stress while your financial future is secured.
Why Choose Oatley Vigmond for My Wrongful Death Claim?
Oatley Vigmond’s team of personal injury lawyers understands how losing a loved one changes your life forever. That is why we want to maximize the compensation you can receive. More than that, we want to give you the care you deserve – we will do everything in our power to address your family’s immediate and ongoing needs in the wake of this tragedy. Whether that means arranging transportation, heading funeral preparations, or coordinating grief counselling services—we will be there every step of the way.
Our personal injury law firm also has a proven history of success in wrongful death litigation. With 40 years of dedicated service to families in need, experience is one of our greatest assets. Our personal injury lawyers have secured landmark verdicts and settlements, and assembled a team of multi-disciplinary experts to give every our clients the best chance of success.
Assess Your Wrongful Death Claim – No Cost, No Commitment
Oatley Vigmond’s team of personal injury lawyers understands how losing a loved one changes your life forever. We want to help you receive the compensation that you deserve.