Claims deriving from many different causes of action can arise within the context of a wrongful death. Truly, these are some of the most emotionally charged matters. The underlying cause of action or type of claim will inform counsel of the remedies, relief, and compensation available. Motor vehicle accidents, motorcycle accidents, pedestrian accidents, fire fatalities, industrial accidents, medical negligence, sporting accidents, or slip and trip accidents are all capable causes of action for a wrongful death under the worst of circumstances. Generally, a close blood relation of the deceased acts as the Estate Trustee to advance the claim through litigation.
Damages can include survivorship compensation, medical costs incurred prior to death, special damages for funeral costs and out-of-pocket expenses, dependency claims for wage loss and inheritance, and loss of care, guidance and companionship under the Family Law Act, among others. Additional benefits are available through motor vehicle accident fatalities in the form of mandatory payouts from your own first-party insurer.
The complexities of wrongful death claims are numerous, and the attending emotions by surviving family are charged. A methodical and intelligent litigation plan must be developed to ensure the best chances of success. Insurers and defendants will not willingly pay out compensation without a good fight. They hope to negotiate and settle, for far less than the actual claim value. Therefore, obtaining experienced and knowledgeable legal counsel is a pertinent first step in advancing a claim for wrongful death.
If you have experienced the wrongful death of one of your loved ones, you should contact the experienced lawyers at Lemieux Litigation with offices in Barrie, Ontario for a better understanding of your case and to know your next steps. We offer certified specialist advice, with a proven track record of success at Trial. We serve clients in all of Simcoe County including Barrie, Innisfil, Orillia, Midland, and Alliston, as well as Bradford, Newmarket, Collingwood, and surrounding areas.
At Lemieux Litigation we will not ask for any upfront fees. You only pay us if we win your case. ‘No win, no pay lawyers.’