What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies as a result of another party’s negligence, recklessness, or intentional actions. Under Ontario law, certain family members of the deceased have the right to seek compensation for their losses.
Common Causes of Wrongful Death
- Motor Vehicle Accidents: Caused by reckless or impaired drivers.
- Medical Malpractice: Errors in diagnosis, treatment, or surgical procedures.
- Workplace Accidents: Including construction site fatalities or exposure to hazardous materials.
- Defective Products: Fatal injuries caused by unsafe or malfunctioning products.
- Slip and Fall Accidents: Due to unsafe premises or inadequate maintenance.
- Violent Crimes: Deaths resulting from assault or intentional harm.
Who Can File a Wrongful Death Claim in Ontario?
In Ontario, the Family Law Act allows specific family members to file a wrongful death claim, including:
Each family member’s claim may differ based on their relationship with the deceased and the specific losses they have incurred.
Compensation in Wrongful Death Cases
A wrongful death claim seeks to provide financial relief for the losses suffered by surviving family members. Compensation may include:
- Funeral and Burial Expenses: Costs associated with laying your loved one to rest.
- Loss of Income: Compensation for the financial support the deceased would have provided.
- Loss of Care, Guidance, and Companionship: Non-economic damages for the emotional impact of the loss.
- Medical Expenses: Costs incurred for the deceased’s medical treatment before their passing.
- Out-of-Pocket Expenses: Related to the accident or wrongful death.
Why Choose Kozyrev Law P.C. for Your Wrongful Death Case?
Compassionate Advocacy
We recognize the emotional toll a wrongful death takes on families. Our team provides compassionate and personalized support while fiercely advocating for your rights.
Extensive Experience
Our legal team has successfully handled numerous wrongful death cases in Toronto, ensuring families receive the justice and compensation they deserve.
Thorough Investigations
We conduct comprehensive investigations to uncover the facts and establish liability. This includes:
- Reviewing medical records and accident reports.
- Interviewing witnesses and obtaining expert testimony.
- Analyzing evidence related to negligence or wrongdoing.
Strong Negotiation and Litigation Skills
Whether through negotiation or trial, we are committed to achieving the best possible outcome for your case. We have the skills and experience to handle even the most complex wrongful death claims.
Steps in Filing a Wrongful Death Claim
Step 1: Initial Consultation
During your free consultation, we will:
- Discuss the circumstances of your loved one’s death.
- Determine the viability of a wrongful death claim.
- Outline the legal process and next steps.
Step 2: Evidence Gathering
Our team will collect and analyze evidence to build a strong case, including:
- Medical records and autopsy reports.
- Accident scene photos and surveillance footage.
- Witness statements and expert opinions.
Step 3: Filing the Claim
We will prepare and file a wrongful death claim on behalf of the eligible family members, ensuring all documentation is accurate and complete.
Step 4: Negotiation and Settlement
We will negotiate with insurance companies or at-fault parties to secure a fair settlement. If a satisfactory agreement cannot be reached, we are prepared to take your case to court.
Challenges in Wrongful Death Cases
Establishing Liability
Proving negligence or fault in a wrongful death case can be complex. Our team works diligently to gather the necessary evidence and build a compelling case.
Calculating Damages
Quantifying non-economic damages such as loss of companionship or emotional suffering requires careful consideration. We collaborate with financial and medical experts to ensure your claim accurately reflects your losses.
Navigating Legal Deadlines
In Ontario, the statute of limitations for wrongful death claims is typically two years from the date of death. Acting promptly ensures your rights are protected and evidence is preserved.
Frequently Asked Questions About Wrongful Death Claims
How Long Does a Wrongful Death Case Take?
The duration of a wrongful death case depends on factors such as the complexity of the claim, the availability of evidence, and whether the case goes to trial. Most cases are resolved within several months to a few years.
Can I File a Claim If Criminal Charges Are Involved?
Yes, a wrongful death claim is a civil matter and can be pursued independently of any criminal proceedings. Even if criminal charges are not filed or result in acquittal, you can still seek compensation through a civil claim.
What If the Deceased Was Partially at Fault?
Ontario follows a “contributory negligence” system, meaning compensation may still be awarded, but the amount may be reduced based on the deceased’s level of fault.
Can Multiple Family Members File Separate Claims?
Eligible family members typically file a single claim, with the compensation distributed among them based on their individual losses.
Supporting Families Through Difficult Times
At Kozyrev Law P.C., we are committed to providing compassionate legal guidance to families coping with the loss of a loved one. We handle the legal complexities so you can focus on healing and honoring your loved one’s memory.
Contact Kozyrev Law P.C. Today
If you have lost a loved one due to someone else’s negligence or wrongdoing, Kozyrev Law P.C. is here to help. Our experienced wrongful death lawyers in Toronto will fight for justice and ensure you receive the compensation you deserve.
Phone: (416) 900-0933
Email: info@kozyrevlaw.ca
Location: Serving clients across Toronto and the Greater Toronto Area
Let us help you navigate this difficult time and take the first step toward justice. Contact Kozyrev Law P.C. today for a free consultation.
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