Wrongful death lawyer
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A wrongful death claim is not like other personal injury claims. For other kinds of cases we work with, the goal is to secure compensation for injuries to help put the claimant into the same position they were in before a catastrophic event happened. With a wrongful death, there is no way to do this. These suits don’t attempt to turn back time, but rather their purpose is to try to help the family of the person who has died by minimizing the economic damage that their loss has caused.
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’s our job to be compassionate and understanding with our clients as their wrongful death lawyers. We take great care and responsibility to do what we can to defend your rights and interests at a time when you are unable to do so yourself.
Comprehending a Wrongful Death Claim
The process of one of these cases will likely depend on many specifics that can be difficult for your grieving family to deal with or even think about. Our job is to work with the details and minimize further trauma to you and your family. We aim to make it so that you can concentrate on more important things, such as guiding your loved ones through this dark 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 meant to ease the financial burden, ensuring that you are economically taken care of despite your bereavement.
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.
As knowledgeable wrongful death 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 was 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, and the pain and suffering and other damages suffered by our clients.
Contact Bergeron | Clifford LLP
If you have suffered an orthopedic injury, call us at 866-384-5886 or fill out our online form. We can meet you at any of our Ontario offices, including Kingston, Ottawa, Whitby, Carleton Place, Perth, or at your home or hospital.
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