Wrongful Death Lawyer
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. Many wrongful death claims arising out of fatal motor vehicle accidents. Wrongful death can also occur as a result of a trip and fall. We may be able to fight for punitive damages so you can seek justice for your loved one and begin the healing process.
Contact Gupta Law Firm at 416-999-6665 if you have lost a loved one as a result of wrongful death. A personal injury lawyer will provide you with a free consultation at your home or the hospital. Our office will work on your case on a contingency basis, which means you don’t have to pay anything until you receive a settlement from the insurance company. The family members of the victim by a person’s wrongful action can pursue a wrongful death claim. The family members can bring this claim under Ontario’s Family Law Act. This piece of legislation gives rights to family members to compensation in such types of cases. 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. However, if the defendant is a municipality than this limitation period is even shorter. 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 Family Law Act claims to the non-pecuniary amount. The statutory deductible does not apply in wrongful death claims. Many different types of accidents can result in a wrongful death. A personal injury lawyer at Gupta Law Firm can help you if there was a wrongful death caused by a car accident, defective product, medical malpractice and other accidents.
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. 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 dependants if no spouse(s) benefit is required. For all other dependants, death benefit is usually $10,000.00 each; up to $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 as soon as possible. Gupta Law Firm will ensure your rights are protected and you get the compensation you deserve. Our office can help you resolve wrongful death claims with insurance companies. Contact a personal injury lawyer at Gupta Law Firm today by calling at 4169996665.