Ottawa Wrongful Death Lawyers
Wrongful death is when someone is killed due to the negligence or misconduct of another person.
Incidents like car accidents, motorcycle or bicycle accidents or slip and fall injuries can lead to wrongful death claims by the family of the deceased party.
One might think that receiving adequate compensation is the least that can be expected after the loss of a loved one to the negligent or wrongful acts of another. That would at least offer some comfort and a sense of justice.
Unfortunately, there is no guarantee that you will even get that. The insurance company of the at-fault party is out to protect their own interests and may be reluctant to offer a fair settlement.
That’s where the wrongful death lawyers at Auger Hollingsworth in Ottawa can help. With our experience of fighting wrongful death claims on behalf of victims’ families, we can help you follow the legal processes until you get the compensation that your family is due.
Types of wrongful death cases
A wrongful death claim is a lawsuit against an individual, organization, company, or government agency that may be held liable for a death due to negligence or wrongful acts.
Wrongful death can result from a wide variety of situations. Most commonly in Ottawa, we see the following incidents leading to wrongful death lawsuits:
- Car accidents
- Motorcycle collisions
- Bicycle accidents
- Truck crashes
- Pedestrian accidents
- Equipment failure or defective products
- Unsafe workplaces
- Violent assaults
The news of a loved one’s death is devastating enough. To know that the fatal incident could have been avoided is worse.
As such, the family members of the victim can file a compensation claim against the negligent or at-fault party under Section 61 of the Family Law Act.
Who can file a wrongful death claim?
A wrongful death lawsuit is different from most other civil cases because the victim is unable to file a claim.
Unlike with standard tort law, only certain family members of a deceased person are eligible to pursue a wrongful death claim in Ottawa, according to the Family Law Act.
So, if an accident causes the death of a loved one, the right to file suit transfers to their immediate surviving family members and dependents. These are:
- A spouse
- The children
- The parents
- The siblings
- The grandchildren
- The grandparents
What compensation can you receive for wrongful death?
Standard civil lawsuits compensate victims and attempt to make them “whole” again – or as close as possible to the state they were in before the losses occurred.
With wrongful death awards under the Family Law Act, the purpose is to help the victim’s surviving family members maintain some financial stability after their loss.
So, compensation for the surviving family members is the main consideration with such claims rather than the losses suffered by the accident victim.
The types of losses recoverable for wrongful death claims in Ottawa include the following:
- The loss of income that the victim would have provided for the family members had he or she survived
- Any expenses incurred by surviving family members for medical care, travel, and other obligations related to the death of their loved one
- Reasonable expenses incurred by the funeral
- The loss of services to the household
- The loss of care, companionship, and guidance
The amount of compensation awarded varies from case to case, depending on the specific circumstances.
It is important to schedule a free case evaluation with one of our wrongful death lawyers to ascertain how much you may be entitled to.
What documentation is required for a wrongful death claim in Ottawa?
If you appoint a wrongful death lawyer from Auger Hollingsworth, you will not have to worry about completing too much paperwork. We will look after the documentation for you and will only require input from you for the details when necessary.
Ideally, after the wrongful death of a loved one, you can start to prepare the following documents:
- Three years of tax returns
- The most recent pension statements for the deceased and the spouse, if applicable
- An outline of the employment history and future career path of the deceased, along with projected earnings estimates and retirement plans
- A summary of tasks around the home and/or childcare tasks engaged in by the deceased
- The medical records of the deceased for the past five years
- A copy of the Automobile Insurance Certificate for the deceased’s vehicle and the other party’s vehicle
- Name/address of the insurance broker for the deceased’s automobile
If you or the victim kept a daily journal, this might also be valuable evidence to prove your claims.
In this second part of a 3-part interview personal injury lawyer Brenda Hollingsworth describes what steps to take after an Ontario motor vehicle accident.
Get a FREE assessment from us here https://www.personalinjuryottawa.ca
Are you looking for expert advice after an accident? The smartest step you can take after any accident is to connect with a personal injury lawyer for a FREE consultation.
In Ontario, Canada, Personal injury lawyers Brenda Hollingsworth and Richard Auger with their team of experienced lawyers offer FREE, no-pressure, advice about your rights and entitlements when you have been hurt.
For more information on whether you have a claim for car accidents, motorcycle accidents, bicycle accidents, any other road accidents, accidents at work, slips and falls, etc, go to https://www.personalinjuryottawa.ca
The interview also discusses what information you should collect at the accident scene before you leave. Get the other driver’s name, address and driver’s license. Wait for the police if they have been called.
It is also important to get medical attention as quickly as possible. It is easier to prove your injury was caused by the accident if you see a medical doctor as soon as possible after the accident.
Building a successful wrongful death claim
Your wrongful death lawyer will guide you but you will need to work together at first as your case is put together. For instance, you will likely need to make a victim impact statement.
We will try to limit the burden placed on you at this difficult time in your life so that you can concentrate on recovering from the loss with your family.
We will work diligently and tirelessly to earn you the compensation you deserve as some small measure of relief for you and your family.
What Our Clients Say:
I am so grateful that one of our friends recommended you to be my lawyer. I am very happy and satisfied with your service. You always updated me on the progress of my case. Thank you for your services and professionalism. Congratulations and thank you for a great job. I would gladly recommend you to anyone who needs your help.
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Do you or other family members have a wrongful death claim in Ottawa?
If your family has suffered a devastating loss from an accident caused by the negligence or wrongdoing of another party, sit down with an experienced wrongful death lawyer at Auger Hollingsworth to discuss your case as soon as possible.
Once we have all the details, your lawyer will be able to provide the legal options for how to proceed.
Start with a free case evaluation with one of our wrongful death lawyers in Ottawa.