Wrongful Death Lawyer

While all personal injury cases are likely to be traumatic for victims and loved ones, few cases leave as much grief and heartache in their wake as those that result in “wrongful death”.

When someone dies as a result of the actions or negligence of another person, the surviving members of the deceased’s family can pursue a claim for wrongful death.

There are many wrongful death claims arising out of motor vehicle accidents.

Gupta Law Firm may be able to fight for punitive damages so that you can seek justice for your loved ones.

The family members can bring this claim under Ontario’s Family Law Act.

Family members are usually entitled to claim pecuniary and non-pecuniary damages in wrongful death claims.

It is important to note that family members must start their claim within two years of the date of death.

The plaintiffs must prove that the deceased person was killed by the negligence of another person.

According to Part V of the Family Law Act, the plaintiff(s) must prove that they are related to the deceased person. Relationships can include the surviving spouse, children, grandchildren, parents, grandparents, and siblings.

The plaintiff(s) must be able to show that they suffered damages as a result of death.

The plaintiffs can recover costs incurred for caring for the deceased before death, the loss of income required to take care of the deceased before death, the loss of income the deceased would have provided the plaintiffs, and any other expenses caused by death.

The plaintiffs can receive compensation for loss of guidance, care, and companionship.

Usually, the statutory deductible applies in motor vehicle accidents to the non-pecuniary amount. The statutory deductible does not apply in wrongful death claims.

Accident Benefits:

Under accident benefits, death benefits are payable to a person on whom the deceased insured was dependent at the time of the accident.

Dependency generally falls into two categories: for care and financial support. Only one of these categories has to been established for the death benefit to be payable.

The accident benefits insurer should pay death benefits if the death was related to the accident.

If a person dies as a result of a motor vehicle accident, their spouse and/or dependents can be eligible for Death and Funeral Benefits.

Under accident benefits, death benefits are payable to a person on whom the deceased insured was dependent at the time of the accident.

The insurer should pay death benefits if the death was within 180 days of the accident or 156 weeks after the accident.

For the spouse of the deceased, the death benefit is usually $25,000.00. This $25,000.00 will be split equally among the deceased’s dependents if no spouse(s) benefit is required.

For all other dependents, death benefit is usually $10,000.00 each;

$6,000.00 is payable towards funeral expenses.

These benefits under statutory accident benefits are available regardless of who was at fault for the accident. 

You should contact a wrongful death lawyer, Sanjeev Gupta, as soon as possible. Gupta Law Firm will ensure your rights are protected and you get the compensation you deserve.

Contact Gupta Law Firm today by calling 4169996665. Gupta Law Firm Professional Corporation does not charge you any money upfront. Gupta Law Firm works on a contingency basis, which means you don’t pay anything until you receive money from the insurance company. The general maximum percentage of contingency fee charged by Gupta Law Firm is 33.33%.