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. Obtaining experienced and knowledgeable legal counsel is a good first step in advancing such a claim. The underlying cause of action or type of claim will inform proper counsel of the available remedies, relief, and compensation. Motor vehicle accidents, motorcycle accidents, pedestrian accidents, fire fatalities, industrial accidents, medical negligence, sporting accidents, slip/trip and fall accidents are all capable causes of action for a wrongful death under the worst of circumstances.
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, loss of care, guidance and companionship under the Family Law Act, and others to mention just a few. Usually a close blood relation of the deceased acts as the estate trustee to advance the claim through litigation. Additional benefits are available through car accident fatalities in the form of mandatory payouts from your own first-party insurer.
Being certified specialists in civil litigation, we have garnered the trust and confidence of our clients, some by their family, who have dealt with the loss of a loved one. Utilizing proper legal counsel is essential. The complexities of this sub-specialty of personal injury law 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. Like any good plan of action, it must also be adaptable; this is where pride becomes a poor substitute for intelligence. Many clients are so emotionally effected that they in turn want their lawyers to be equally emotionally charged. This is not a good strategy. Insurance companies and defendants use delay and procedural caveats to frustrate the surviving family and their counsel.
We are trial lawyers. We excel in battle tact and sound judgment. Cross examination is an essential skill we are well versed in. We poses advanced advocacy and negotiation tactics. This skill set is acquired by litigating claims and conducting jury trials. The potential magnitude of a wrongful death claim could mean that a large dependency claim for wage loss is present. Insurers and defendants will not willingly pay out compensation without a goof fight. They hope to negotiate and settle; for far less than the actual claim value.
The critical question to ask any potential lawyer is whether they have conducted a jury trial on their own, and if not, who they conducted that trial with. The ability to take a matter to trial and to verdict is an asset during the initial consultation. Particularly for wrongful death claims. Please do not hesitate to contact Lemieux Law for consultation with regards to a wrongful death matter. While we are a local Barrie law firm, we serve clients from all walks of life and geographic locations within Ontario. We have obtained our experiences and skillset on a global scale and in the most competitive environments; to serve our local community and beyond.
If you’ve been affected by a wrongful death, call Lemieux Litigation today for fair, dedicated and affordable representation.
We’re on your side.