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Wrongful Death Lawyers in Toronto

A claim of “wrongful death” is brought when a person’s death is the result of someone else’s negligence. Wrongful death claims can be brought against individuals, corporations, governments, and institutions on behalf of the victim from relatives, with the help of a wrongful death attorney. At Steinmetz & Associates, our dedicated wrongful death lawyers in Toronto can assure that you are fairly compensated for the death of a loved one by assisting you with your wrongful death claim.

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Wrongful Death Litigation

Wrongful death claims filed by relatives of the victims or a wrongful death lawyer vary in their type. The most common types of wrongful death are automobile collisions, medical malpractice (failure to diagnose or misdiagnosis due to anaesthesia-related problems, or incorrect treatment/medication that leads to death), and workplace accidents (unsafe work conditions that lead to death). Defective or malfunctioning products, unsafe premises, and lack of security can also lead to wrongful death claims.

The Ontario Family Law Act allows eligible family members to collect compensation in cases of wrongful death for:

  • Economic and non-economic losses for expenditures incurred before a person dies;
  • Funeral expenses;
  • Travel expenses;
  • Loss of present and future income for dependents;
  • Shared family income;
  • Loss of household services that would have been undertaken by the deceased;
  • Loss of companionship and guidance.
  • In general, the damages awarded are structured so that the claimant receives 60-70% of the net income that the deceased would have earned in the period commencing from the date of the accident up to the end of their working life expectancy.

    How a Wrongful Death

    Lawyer Can Help

    When your loved one passes, it is not only a difficult time emotionally to cope with the situation, but a cascade of issues stems out from the event ranging from legal to financial. There will be costs associated with organizing the funeral services and even dealing with a loss of income that impacts immediate family members. Receiving compensation to cover those costs is the minimum that one can expect from the party that is liable for the wrongful death. Collecting that compensation is becoming a more and more difficult task to handle without the help of a wrongful death lawyer in Toronto. You may discover that your insurance claim is denied on a basis of subtle technicality, or that the person who caused the death refuses to accept responsibility or compensate you for the loss you have suffered. The case becomes more complicated when filing the case against a corporation or institution that may inevitably result in a prolonged legal battle. Seeking justice for wrongful death cases is a difficult battle to fight on your own, especially during a trying time after losing a loved one. You do not need to undergo it yourself — trust a team of professional wrongful death lawsuit lawyers who will not charge you a cent until the case is won.

    From car accident lawyers to sexual assault lawyers, Steinmetz & Associates personal injury lawyers firm in Toronto is always at your side to tackle complex medical, legal, and insurance issues in Toronto.

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    FAQ .

     

    Who can file a wrongful death claim in Ontario?

    The Family Law Act governs who can seek damages in a wrongful death lawsuit in the case that an individual becomes deceased at the negligence of another individual (i.e. vehicle collision). Immediate family members are able to file a wrongful death claim no later than two years after the death of the individual during the accident. Spouses, children, grandchildren, parents, grandparents, brothers and sisters are among those who can file the claim and receive both general and special damages compensation when the case is settled.

    How is compensation determined?

    It is difficult to put a price on an individual’s life, especially if a person has lost a parent, spouse, or sibling. Nonetheless, wrongful death compensation is calculated as accurately as possible to cover both emotional distress to immediate loved ones, along with any living expenditures that they have. For example, if the victim is a caregiver to their elderly parent, then the parent may press charges to cover the caregiving-related costs as well. There are multiple tiers of special and general damages that are calculated in the case of wrongful death and can range from thousands to upwards of a million dollars depending on the case.

    When should I file a wrongful death lawsuit?

    Family members, or other eligible claimants, have up to two years of the death of the victim to file a lawsuit. It is important to keep in mind that cases filed as soon as possible may be settled sooner due to the availability of immediate and fresh evidence to support the claim.

    How are damages divided in a case with multiple heirs?

    If the victim has one child and a spouse, then the settlement is split equally between the two. In the case of two children and one spouse, the settlement is split three ways and so on. It is important to consider that there may be multiple claimants for the settlement who are not direct heirs, including siblings and parents of the individual. It’s important to consult with your wrongful death lawyer to determine who has filed and claim and who is eligible for compensation under what circumstances. 

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