Your Lawyer for Wrongful Death in Hamilton, ON
Dealing with the loss of a loved one is hard enough as it is, but when the loss is a wrongful death, it can leave people with many questions, and in hardship they may have never encountered before.
At DWA Law, we want our clients to know that we understand how difficult a time this is. Consulting with a DWA Law lawyer, and pursuing wrongful death action, can provide you with answers, support, and compensation you deserve, but more than that, it can help put your mind at ease and assist with the sudden emotional and financial loss.
Wrongful Death Claims
When a wrongful death occurs, it usually means that someone has passed away before their time. It’s unexpected, and it can happen anywhere, even in a hospital.
For example, it can happen when a medical professional, one that had a duty of care toward their patient, performed actions that were negligent and that resulted in the patient’s death. The term wrongful death signifies that an individual or institution is purported to be responsible for causing the death.
But in these cases, sometimes family members are reluctant to act on wrongful death claims. Why? Because they feel hopeless in the face of a tragedy. Legal action, they sometimes feel, can’t replace the loss of their loved one, which is the most important thing on their minds.
And of course, from that perspective, they’re right. However, survivors should seek monetary damages for non-pecuniary loss. They represent the damages of more than just a financial loss, but also:
- Emotional loss
- Loss of care
- Loss of guidance
- Loss of companionship
The list above represents what is called “non-pecuniary losses,” and are difficult to measure in compensation. It’s essential to consider the non-pecuniary damages, particularly since they will be mentioned at mediation or at the trial.
While it may not bring your loved one back, filing for pecuniary and non-pecuniary compensation is a way to achieve some level of justice. Especially if you suspect their death is the consequence of someone else’s negligence, your loved one and your family have the right to seek compensation. We can help you explore those options.
Filing Claims
According to Part V: Dependents’ Claim for Damages in Ontario’s Family Law Act, a wrongful death claim is a tort claim that allows the family members or the estate of the deceased person to sue the individual(s) at fault. A wrongful death lawsuit can be brought about for both negligent and intentional action. A representative of the deceased’s estate is entitled to file a lawsuit on behalf of the family members who are affected by the wrongful death.
Passionate – Dedicated – Professional
COMPENSATION FOR THE WRONGFUL DEATH OF A LOVED ONE
The Family Law Act also outlines the types of damages recoverable, such as:
- Actual expenses: This includes costs incurred as a result of the wrongful death, such as medical bills and funeral expenses.
- Funeral expenses: Covers the costs associated with the funeral and burial services for your loved one.
- Travel expenses: If the deceased was visited during a treatment or recovery period, the travel expenses can be included.
- Loss of income or the value of the services: This accounts for the financial contribution or services your loved one provided to the family.
- Loss of household or childcare services formerly provided by the deceased: This recognizes the contributions the deceased made to the household, which might include household chores, childcare, and other services.
- Non-Pecuniary damages: These intangible losses encompass emotional pain, suffering, and the impact on your family’s quality of life due to the loss.
In addition to the financial losses, your family may also be awarded up to $125,000 as compensation for loss of guidance, care, and companionship in Ontario.
Proving a Wrongful Death Claim
Every case is different, but in the event of a wrongful death, both criminal and civil action are taken. Wrongful death lawyers have the task of proving that the individual or institution being sued is solely responsible for causing the person’s death. This includes providing evidence that the individual or institution:
- Had a duty of care to the deceased: Establishing the legal obligation to provide a certain standard of care to the victim.
- Breached the duty of care by acting recklessly or neglectfully towards the deceased: Demonstrating how the defendant’s actions or negligence deviated from the expected standard of care.
- Caused the wrongful death of the victim as a result: Establishing the direct link between the defendant’s actions and the victim’s death.
Our personal injury lawyers are thorough in their investigations. Our law firm has handled many wrongful death cases.
Common Causes of a Wrongful Death
Across Ontario, there are many ways by which a wrongful death can occur, such as:
- A car accident because an individual was impaired, reckless, or negligent
- Insufficient roadway warnings provided by government agencies
- Medical malpractice from medical practitioners and staff who are negligent, inexperienced, or who perform actions based on a technical error
- Faulty products made by manufacturing companies
The loss of life partners, parents, siblings, and other family members is devastating and can be made worse by hospital bills, funeral costs, and other fees that survivors may not be able to pay. That’s why consulting with a wrongful death lawyer in Ontario can provide you with a type of relief from the stress.
Wrongful death claims are a complex part of personal injury law. Working with a wrongful death lawyer takes the burden of proof and investigating off of your shoulders. You’re not alone in this. A Wynperle personal injury lawyer can assist you with a wrongful death claim and help you receive the compensation you deserve for losing your loved one too soon.
The Wrongful Death Claim Process
Navigating a wrongful death claim involves several steps, and understanding the process can alleviate some of the uncertainties during this challenging time:
Initial Consultation: Assessing Your Case
The process begins with a free no-obligation consultation with one of our experienced wrongful death lawyers. During this meeting, you’ll have the opportunity to share the details of your wrongful death case, your concerns, and any questions you may have.
Our lawyer will listen carefully, evaluate the circumstances, and provide an honest assessment of the viability of your wrongful death claim. This consultation is a crucial first step in understanding your legal options.
Investigation: Building a Strong Case
If it’s determined that your case has merit, our legal team will initiate a comprehensive investigation. This involves collecting evidence, such as medical records, accident reports, witness statements, and any available surveillance footage. We may also consult with experts in relevant fields to analyze the details of the incident and establish liability. Our goal is to build a strong case that supports your claim for compensation.
Negotiation and Settlement: Seeking Fair Compensation
Once our legal team has gathered the necessary evidence and built a compelling case, we’ll engage in negotiations with the responsible party or their insurance company. This phase aims to reach a fair settlement that compensates you for the damages and losses you’ve suffered due to the wrongful death of your loved one. Our experienced negotiators will work diligently to achieve a resolution that meets your needs while avoiding the need for lengthy court proceedings.
Litigation: Pursuing Justice in Court
In some cases, a fair settlement cannot be reached through negotiations. If a mutually acceptable resolution cannot be achieved, our legal team is fully prepared to take your case to court. Litigation involves filing a lawsuit and presenting your case before a judge and jury. While court proceedings can be complex, our knowledgeable lawyers have extensive experience in courtroom advocacy. We’ll guide you through every step of the litigation process, ensuring that your rights are protected and your voice is heard.
Support Throughout: Your Partner in Justice
Throughout the entire process, our wrongful death lawyers are committed to providing unwavering support. We understand the emotional toll that comes with losing a loved one due to wrongful death, and we’re here to offer guidance, answer your questions, and provide reassurance. Our goal is not only to secure the compensation you deserve but also to alleviate some of the burdens associated with legal proceedings so that you can focus on healing and moving forward.
At DWA Law, we are dedicated to serving as your partner in seeking justice for the wrongful death of your loved one.
Passionate – Dedicated – Professional
Speak with our Team of Wrongful Death Lawyers
Wrongful death can occur for a wide variety of reasons, from a motor vehicle accident to medical malpractice and many others. At DWA Law, we want you to feel comfortable working with us during this life-altering situation. We encourage clients to ask questions so that everything is clear and we can proceed with a wrongful death claim if necessary. We are happy to provide support should a family member require it.
Contact us for a free consultation to speak with our wrongful death lawyers right away.
What Conditions Qualify for Long-Term Disability Benefits?
In essence, long-term disability insurance should ideally cover any injury, illness, or condition that hinders someone from working. However, specific disability insurance policies outline certain exclusions. Despite this, there are numerous physical, mental, and emotional health issues that indeed qualify individuals for long-term disability insurance benefits.
If you have contracted an illness, been involved in an accident or are suffering from a condition that prevents you from working, you should contact a long-term disability lawyer to discuss your situation. You could be eligible for disability claims.
Do I Need a Lawyer for Long-Term Disability Claims?
At some point in most people’s lives, there comes a time when having a strong advocate by your side becomes crucial. When faced with long-term disability denial, enlisting the assistance of a knowledgeable long-term disability lawyer is the most effective approach. While legal representation is not mandatory, experienced disability lawyers play a vital role in ensuring the accurate completion of your application and can offer valuable legal alternatives should your claim be rejected. Their expertise can significantly enhance your chances of securing the benefits you rightfully deserve.
An experienced Hamilton disability lawyer from DWA Law will make sure that your rights are respected throughout the disability claim process and do everything in their power to make sure that insurers live up to their disability insurance contracts.
Passionate – Dedicated – Professional
Disability Insurance Coverage
If you become sick, injured or unable to work for any medical reason, disability insurance protects your income by providing benefits equivalent to a large proportion of your lost income.
2-Year Limitation Period for Denied Disability Claims
If your claim has been denied, and you want to start legal proceedings, there is a two-year time limit to start a lawsuit against your insurance company. Few people realize this deadline exists, which can lead to the denial of many legitimate claims.
Passionate – Dedicated – Professional
Long-Term Disability Insurance Claims
In order to file a long-term disability claim, you will need to provide your insurance company with the following information.
Medical Records
This medical evidence will confirm the diagnosis, course of treatment and prognosis provided by your doctor.
Employment History
Your employment history will be reviewed in order to establish your previous income levels and future earning capacity.
Current Employment Information
Itemizing your regular tasks will help insurance examiners understand why your condition prevents you from working.
Passionate – Dedicated – Professional
Disability Insurance Coverage
If you become sick, injured or unable to work for any medical reason, disability insurance protects your income by providing benefits equivalent to a large proportion of your lost income.
