When a person acts negligently or carelessly and someone else passes away as a result, that would be considered a wrongful death. The person’s surviving family members may file a civil claim on their behalf to obtain the damages for the loss of care, guidance, and companionship of their loved one. In some cases, they can also sue for a portion of the financial contribution the deceased person would have made to his or her family for the rest of his or her working life.
There are many laws surrounding wrongful deaths in Barrie, and litigating them can become quite complicated – especially without qualified legal counsel. A Barrie wrongful death lawyer from our team could advise you on these laws and help you obtain compensation from the party responsible for your relative’s untimely passing.
Unfortunately, wrongful deaths occur more often than many people think. When a car accident, for example, results in a fatality, the family members of the decedent may be able to file a wrongful death claim, also known as a Family Law Act claim.
Additionally, healthcare workers in Barrie have a lot of responsibility, as many of them hold the lives of patients in their hands. If a physician misdiagnoses or fails to treat a person’s condition, the patient can sustain great harm and suffer an untimely death as a result.
Furthermore, consumers use products every day, but not all purchasable items are safe. For example, a faulty part on a car could put someone at a greater risk of suffering a wrongful death.
Finally, a property owner could face civil penalties if a child passes away on their land as the result of an attractive nuisance. For instance, if a child wanders onto someone else’s property because the landowner left their pool open and unattended, the proprietor could be held liable in a wrongful death suit if the child subsequently drowns.
These are just a few of the most common examples of how wrongful deaths occur in Barrie. Anytime a person’s negligence leads to another party’s untimely passing, family members of the decedent should speak to a Barrie wrongful death lawyer.
In Barrie, wrongful death claims are governed by the Ontario Family Law Act. According to this law, only the decedent’s relatives can claim compensation when a wrongful death has occurred. This includes spouses, children, siblings, parents, and grandparents.
The income that the decedent would have contributed to the household, funeral and burial costs, and the loss of childcare services are some of the most common damages sought in these types of lawsuits. Family members can also claim the loss of care, guidance, and companionship the decedent provided. While damages for loss of care, guidance, and companionship are generally capped at about $125,000, dependency claims for lost financial support can be significantly higher, and in some cases, even approach a million dollars or more.
In some cases, there may be more than one party filing for wrongful death. For example, if the decedent’s surviving two children both file a claim, the court must determine which party was more dependent on the decedent and award compensation accordingly. Although all parties filing may receive a portion of total damages.
If you have unexpectedly lost a loved one because of someone else’s careless behaviour, call a Barrie wrongful death lawyer. While compensation can never bring your loved one back, it can help ease the financial burden of your loss.
For this reason, you should let our team help you secure the full amount of compensation available and handle your claim so you can focus on moving forward. Call our firm today to schedule an initial consultation with a professional.