Personal Injury Law
Wrongful Death Claim Lawyers
Personal Injury Law
Wrongful Death Claim Lawyers
You may file a wrongful death lawsuit when you are convinced that the death of your loved one was caused by negligence or wrongful conduct. Such lawsuits may be filed by the surviving members of the deceased. These often fall under the category of civil action. Our wrongful death claim lawyers can help you with legal representation in your fight for justice.
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- Occupiers’ Liability
- Dog Bite Injury
- Product Liability
- Nursing Home Negligence
- Wrongful Death
What are the common causes of a wrongful death?
Typically, the wrongful death of a person is caused by the intentional or unintentional action of another. This might happen in the following cases:
- Motor accidents
A negligent driver, the poor condition of the road or an unfortunate mechanical failure might cause an accident resulting in the loss of a loved one. You can also file a wrongful death claim in case of a fatal accident caused by reckless or distracted driving, driving under the influence or speeding.
- Medical malpractice
Sometimes, a misdiagnosis, the failure to act in time or a negligent action during surgery might lead to the death of the patient. The term misdiagnosis refers to a situation where a medical practitioner wrongly identifies the condition the patient is suffering from, thus causing his death. This is different from a missed diagnosis where the disease goes completely undetected by the medical team. All such deaths are liable to attract the wrongful death claim.
Any death caused by negligent actions like prescribing the wrong drug, the wrong dosage of a drug and lack of proper follow-up after surgery also fall under the same category.
- Workplace safety violations
Poor workplace safety conditions, faulty or poorly maintained equipment and lack of quality safety gear provided to the employees might also lead to fatal accidents at the workplace.
- Criminal homicide
A violent action resulting in death also falls under the legal category of wrongful death. This might be intentional or unintentional in nature. Either the person was attacked with the intention to cause serious harm or it might be the case of a drunken brawl gone horribly gone.
- Defective goods
If the death was caused by a faulty consumer or pharmaceutical product, the surviving members of the deceased have the right to sue the company for damages. The same principle applies to cases where there was a failure to issue proper warnings or instructions to the end user resulting in his death.
How can our Wrongful Death claims attorney help you with the case?
Our Personal Injury lawyers can help with the successful resolution of your wrongful death claim by ensuring the following:
- Meeting the burden of proof
For a wrongful death claim to succeed, it must meet the burden of proof. You must prove that the defendant’s action or his failure to act caused the death of your loved one.
- Investigating the case
The success of your case will depend on the thorough investigation leading to the presentation of conclusive evidence against the defendant. This will include gathering witness statements, clarifying the exact cause of death and establishing the defendant’s liability.
- Representing you in negotiations with the Insurance companies and in court
If possible, the matter can be settled before the case reaches the courtroom. Our Personal Injury Lawyers will negotiate on your behalf with the insurance firms for fair and reasonable compensation. However, if required, the matter will eventually be taken up in the courts as well.
Our Personal Injury lawyers will assist you throughout the case until the matter is settled.
We can Help
We have skilled lawyers to support you in managing your case. They will be caring and compassionate at this time and make their best efforts to understand your needs.
Frequently Asked Questions
If you are convinced that the death of your loved one was caused by someone’s negligent, intentional, or reckless action, you have a valid wrongful death claim to pursue. At Nanda and Associate Lawyers, our personal injury lawyers can assess your case and check whether your claim meets the criteria for a valid wrongful death claim. Under Canadian Law, if you are an immediate family member of the deceased, you have the right to initiate a civil suit against the defendant for damages.
Wrongful death claims fall under Civil Law. They are suits for damages filed against the defendant responsible for the wrongful death of one’s loved one. In some cases, a criminal case might also be brought against the defendant by the Crown. But this will fall under the category of manslaughter or murder under the Canadian Criminal Code. Also, it is perfectly legal to pursue a civil action while the Crown is pursuing criminal charges against the defendant. Our experienced personal injury lawyers can help you with the case if you are planning to initiate such a wrongful death claim.
The proximate cause of death is a very important legal concept in wrongful death cases. It refers to the primary action, which eventually led to the death of the victim. In simple terms, if there were multiple events leading to the death of the victim, the proximate cause of death refers to the first event that triggered the whole thing. For example, if a victim slipped and fell on a poorly maintained walkway, resulting in injuries and hospitalization. Then, the next day, he dies from a heart attack at the hospital due to the complications from his injuries. His family members can initiate a valid wrongful death claim against the municipality for the poor maintenance of the walkway. In this case, the proximate cause of death was the fall that injured the victim and not the heart attack, which eventually killed him.
It is highly advised that you pursue the wrongful death claim through an experienced and capable personal injury lawyer. A lawyer can, first of all, confirm whether you have a valid wrongful death claim against the defendant. He will gather all the necessary evidence, witness statements, and testimonies from medical experts to build a strong case to prove the wrongful death claim. He can represent you in the negotiations with the defendant or his insurance providers, and provide you with legal representation if the matter reaches the court. Connect with our personal injury lawyers today for legal support and guidance in your personal injury claim.
Typically, in most cases, you will have to file the wrongful death claim within two years of the death. However, the statute of limitations might vary slightly in different provinces or territories. Also, if the claim is against the municipality or a governmental organization, you might have to act sooner. It is best to consult our personal injury lawyers immediately after the incident to ensure that you do not miss any mandatory deadlines.
Canadian law stipulates that the following immediate family members of the victim may initiate a wrongful death claim against the defendant:
- Primary Beneficiaries:
- Parents
- Children
- Spouse
- Secondary Beneficiaries:
- Siblings
- Grandparents
- Grandchildren
In some cases, where there are no primary or secondary beneficiaries, a relative who was financially dependent on the victim might be allowed to file the case. The executor of the victim’s estate might also have the right to pursue a wrongful death suit. Our personal injury lawyers at Nanda and Associate Lawyers can advise you on a proper course of action depending on the jurisdiction and the particular circumstances of your case.
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