Wrongful death lawyer

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A wrongful death claim is different from other personal injury claims. In most personal injury cases, the goal is to secure fair compensation for injuries, aiming to restore the claimant to their pre-incident condition. However, in the case of wrongful death, this is not possible. These claims cannot undo the loss or bring back a loved one. Instead, their purpose is to support the family of the deceased by alleviating the financial burden that the loss has caused.

Support During This Challenging Time

These cases are often very difficult for the family and people involved and can bring up heartbreaking emotions and overwhelming feelings. At Bergeron Clifford, it is our job to be compassionate and understanding with our clients as their lawyers. We take great care and responsibility to do what we can to defend the family’s rights and interests at a time when they are unable to do so themselves.

Common Causes of Wrongful Deaths

Wrongful deaths can be encompassed by a spectrum of tragic incidents, each resulting from varying forms of negligence or misconduct.

Understanding these common causes underscores the importance of legal recourse for affected families seeking justice and compensation in the wake of a devastating loss of a loved one.

Motor Vehicle Accidents

In our experience, vehicle accidents stand as one of the leading contributors to wrongful deaths, including collisions involving cars, trucks, motorcycles, and pedestrians. These accidents often occur due to factors like distracted driving, speeding, or driving under the influence of drugs or alcohol. In 2021, there were more than 1,700 collisions causing fatalities across Canada.

Medical Malpractice

Medical malpractice represents another significant cause, where errors or negligence by healthcare professionals lead to fatal consequences. This may involve misdiagnosis, surgical errors, medication mistakes, or inadequate patient care. Many of our clients have expressed concerns regarding the challenges associated with medical malpractice cases, in no small part due to the Canadian Medical Protective Association (CMPA), which acts as a defence fund for medical professionals. In recent years, some studies have looked into the potential for no-fault reform to ensure funds go to victims rather than legal fees.¹

Workplace Accidents

Workplace accidents claim lives due to unsafe working conditions, lack of proper training, or failure to adhere to safety protocols. Construction site mishaps, industrial accidents, and incidents involving heavy machinery are among the common scenarios resulting in wrongful deaths. In 2022, there were 993 workplace fatalities in Canada, the highest being in the construction industry.

Defective Products

Defective products pose yet another threat. Manufacturing defects, design flaws, or inadequate warnings can lead to fatal accidents or illnesses. Medical devices, specifically, are highly regulated, requiring the death of a patient or user to be reported to Health Canada.

Comprehending a Wrongful Death Claim

The process of handling a wrongful death case often involves many specific details that can be overwhelming for a grieving family to manage. Our role is to handle these

complexities and minimize any additional stress for you and your family. We aim to allow you to focus on what truly matters—supporting your loved ones through this difficult time.

There are some crucial factors worth noting when bringing forth a wrongful death claim. These pertain to limitations around who can file it, which will depend on the circumstances surrounding the death. Considerations include:

If your family member survived the accident for any amount of time before passing away, their estate can claim damages from the party whose negligence or carelessness caused the death.
If the person died instantly, only surviving family members can make a claim.

Financial compensation is meant to include several areas that your loved one may have been responsible for, including child care, family income, DIY repair tasks around the house, or anything that you may need to hire somebody else to do. There may also be funds available to compensate for the loss of companionship and care. Ultimately, no amount of money can be offered as a replacement for the person you have lost. The purpose of your claim is to ease the financial burden, ensuring that you are economically taken care of despite your bereavement.

Determining Liability

In Canada, figuring out who is responsible in a wrongful death case is about understanding what happened and the impact it had on the loved ones left behind.

Negligence

First and foremost, it must be established that the death occurred due to the negligence or wrongful actions of another party. This typically involves proving that the defendant owed a duty of care to the deceased, breached that duty, and that breach directly resulted in the death.

Standard of Care

One crucial aspect of determining liability is assessing the standard of care that the defendant should have upheld under the circumstances. This standard may vary depending on the relationship between the parties and the nature of the incident leading to the death. For instance, healthcare professionals are held to a higher standard of care compared to ordinary individuals.

Evidence

Evidence plays a pivotal role in establishing liability. This may include eyewitness testimonies, expert opinions, medical records, and any available documentation related to the incident. Expert witnesses, such as medical professionals or accident reconstruction specialists, may provide insights into the cause of death and whether it could have been prevented.

Hiring a Wrongful Death Lawyer

These kinds of claims in Ontario must be filed within two years of the death, though the court can make exceptions due to the particulars of your situation. At Bergeron Clifford, we understand that a lawsuit is likely the last thing on your mind after the loss of someone close to you. It can be difficult to work through your grief, but we are here to ensure you are supported.

Supporting Our Clients

As seasoned trial lawyers with a proven track record, we encourage our clients to approach us as soon as possible to ensure their rights are protected after a tragic event of such magnitude. Your claim could be settled outside of court in a reasonable amount of time, although there are some instances where claims must go through the system and could take months to resolve. If you have a wrongful death claim you would like to pursue, please contact us immediately.

Case Summary of a Wrongful Death

While driving down the highway, our client suffered a flat tire. He pulled over carefully and slowly onto the shoulder, and with his vehicle entirely off of the travelled portion of the road, he got out to try and fix things. Tragically, an unlicensed, uninsured, and intoxicated driver was coming along the roadway at the same time, and he drove off of the road and struck our client and his vehicle.

Extent of the injuries

Our client suffered catastrophic injuries. Tragically, he died shortly after the collision.

The physical and emotional effects of the injury

Our client’s family was devastated. He was the loving patriarch of the family and the primary breadwinner. The income loss suffered by the family was devastating, and the emotional trauma and PTSD suffered by other members of the family were incredible.

How the client’s life was impacted

Our client’s family needed help with housekeeping and home maintenance after the collision because the deceased normally would have done these tasks. Family members also needed therapy and counselling of their own to help them process their emotions and grieve properly.

Personal Injury case results

Despite the fact that the driver was uninsured, we were able to obtain access to our client’s OPCF 44r Family Protection Endorsement (uninsured coverage) in order to negotiate a settlement. The insurer recognized that there was significant exposure, and once settlement negotiations began, the insurer paid out a significant settlement, including a contribution to our client’s legal fees. The settlement reflected a total loss of our client’s lifetime earnings, as well as the pain and suffering and other damages suffered by our clients

Frequently Asked Questions

Who can file a wrongful death lawsuit?

Many of the cases we work on are filed by immediate family members such as spouses, children, and parents of the deceased. In some circumstances, other dependents may also have the right to pursue legal action. These may include domestic partners or individuals who suffer financially due to the death, such as siblings or grandparents. However, the specifics of who can file vary by jurisdiction. If you are considering filing a claim, we recommend reaching out to our firm to discuss the details and understand your rights.

What damages can be recovered in a wrongful death case?

Damages that can be recovered in a wrongful death case may include compensation in the form of non-punitive damages for medical expenses incurred before the death, funeral costs, loss of income and financial support that the deceased would have provided to their family. Punitive damages may include the loss of companionship, guidance, and consortium and the pain and suffering endured by the deceased before their passing.

Additional damages may be awarded in cases involving extreme negligence or intentional misconduct. The specific types and amounts of damages vary depending on the circumstances of the case and the laws in the jurisdiction where the lawsuit is filed.

Do I need to hire a lawyer for a wrongful death case?

Having an experienced lawyer by your side can greatly increase your chances of success. Wrongful death cases can be complex and emotionally challenging, and navigating the legal process alone can be overwhelming. Our knowledgeable lawyers can:

Provide valuable guidance
Handle communication with insurance companies and other parties
Gather evidence to support your claim
Negotiate settlements
If necessary, represent you in court

By hiring our professional team, you can take your time to grieve and heal knowing that your case is being handled with care and expertise.

How long does a wrongful death lawsuit take to resolve?

The duration of any lawsuit can vary widely depending on factors. For wrongful death claims, the details are no different. Circumstances that impact the timeline can involve:

The complexity of the case
The willingness of the parties to negotiate a settlement
Court scheduling

Some cases may be resolved relatively quickly through negotiation or mediation, while others could take years to reach a conclusion, especially if they go to trial. The grieving process can also impact the timeline, as families may need time to process their loss before pursuing legal action.

When you choose to work with Bergeron Clifford, we walk you through each step in the process and do our best to set expectations of a realistic timeline. We ensure clear and consistent communication, keeping you updated on the progress of your claim as needed.

How much does it cost to hire a wrongful death lawyer?

Our wrongful death lawyers work on a contingency fee basis. This means our firm only gets paid if your lawsuit is successful. Typically, the fee is a percentage of the settlement or jury award, agreed upon in advance. This arrangement requires no upfront fees, which allows families to pursue legal action without financial strain.

Additionally, our initial consultations are free, allowing families to discuss their cases with our lawyers and explore their legal options to ensure legal advice is accessible.

1.Lee, Shoo, Brian Rowe, Colleen Flood, and Sukhy Mahl. 2021. “Canada’s System of Liability Coverage in the Event of Medical Harm: Is It Time for No-Fault Reform?” Healthcare Policy | Politiques de Santé 17 (1): 30–41. https://doi.org/10.12927/hcpol.2021.26580.

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