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 Hamilton wrongful death lawyer, and pursuing wrongful death actions, can provide you with answers, support, and wrongful death compensation you deserve, but more than that, it can help put your mind at ease and assist with the sudden emotional and financial challenges.
Wrongful Death Claims
When a wrongful act results in a loved one’s death, 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 surviving 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, certain family members 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 wrongful death damages. It’s essential to consider these, particularly since they will be mentioned at mediation or at the trial.
While it may not bring your loved one’s untimely death back, filing for pecuniary and non-pecuniary personal injury claims is a way to achieve some level of justice. Especially if you suspect their death is the consequence of negligent conduct, you and your family may have the right to seek financial 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 at fault party. A 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 untimely death.
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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 fatal accident, such as medical bills and actual 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 support 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 distress, suffering, and the impact on your family’s quality of life.
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. This includes providing evidence that the defendant:
- 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 law firm is thorough in its thorough investigation. Our legal team has handled many personal injury cases.
Common Causes of a Wrongful Death
Across Ontario, there are many ways by which personal injuries and even death can occur, such as:
- Car accidents, motorcycle accidents, or bicycle accidents caused by an individual who 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 a family’s financial future can be made worse by hospital bills, funeral costs, and legal fees. That’s why consulting with an Ontario wrongful death lawyer can provide you with a type of relief from the stress.
Wrongful death claims are a complex part of personal injury law. Working with an experienced wrongful death lawyer takes the legal burden off your shoulders. You’re not alone in this. An experienced Hamilton lawyer can assist with wrongful death actions and help you receive the financial compensation for a loved one’s death.
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 consultation with one of our Hamilton wrongful death lawyers. During this meeting, you’ll have the opportunity to share the details of your case, your concerns, and any questions you may have. Our lawyers will listen carefully, evaluate the circumstances, and provide honest legal guidance.
Investigation: Building a Strong Case
If it’s determined that your case has merit, our law firm will initiate a comprehensive thorough investigation. This involves collecting evidence, such as medical records, accident reports, witness statements, and any available surveillance footage. We may also consult with experts to establish liability. Our goal is to build a strong case that supports your claim for wrongful death damages and financial support.
Negotiation and Settlement: Seeking Fair Compensation
Once our legal team has gathered the necessary evidence, we’ll engage in negotiations with the at fault party or their insurer. This stage may involve insurance claims connected to personal injury claims or long term disability benefits. The aim is to reach a fair resolution without adding to your legal fees.
Litigation: Pursuing Justice in Court
In some cases, a fair settlement cannot be reached. If that happens, our Hamilton wrongful death lawyers are prepared to file a lawsuit. Court proceedings can be complex, but our law firms have extensive experience in courtroom advocacy. We’ll guide you through every step while protecting your rights and helping you seek justice.
Support Throughout: Your Partner in Justice
Throughout the process, our wrongful death lawyers provide unwavering support. We know the toll a loved one’s death takes, and we’re here to assist with issues ranging from disability benefits to the aftermath of a tragic accident.
At DWA Law, we are dedicated to serving as your partner in seeking justice for the wrongful death of your loved one.
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Speak with our Team of Wrongful Death Lawyers
Wrongful death cases can occur for many reasons, from motor vehicle accidents to medical negligence or a motorcycle accident caused by wrongful conduct. At DWA Law, we want you to feel supported when working with our experienced wrongful death lawyers in Hamilton.
We encourage clients to ask questions so that everything is clear, and we can proceed with a lawsuit if necessary. Our lawyers are prepared to help surviving family members manage financial challenges and the legal process with reliable legal representation.
Contact us for a free consultation to speak with our personal injury 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.
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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.
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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.
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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.
