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.

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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.

Timing is Key

With any type of law, time is of the essence. A wrongful death claim carries a 2-year limitation, which means that as soon as you discover that the death was caused by negligible or intentional actions, the clock starts ticking.

By law, wrongful death lawsuits must be started within two years of the day of discovery. The date of discovery can also be defined as when you started doing research or speaking with medical professionals about your suspicions. The Court won’t extend the period despite how the death is affecting the family.

We encourage people to consult wrongful death lawyers for a second opinion, so you can know whether or not your suspicions hold water.

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.

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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.