Why do you need legal representation?
No matter how clear-cut a wrongful death case seems to the surviving family members, you can be sure that the compensation you deserve will not be automatically forthcoming.
Regardless of who you file the claim against – a driver, a hospital, a care home, an equipment manufacturer – that party is likely to be represented by an insurance company with access to powerful legal assistance.
This means that they will work to protect their interests and minimize the compensation payable to you.
Often, you are entitled to more than they offer and the only way to get it will be to stand your ground, negotiate with them, and threaten to take the matter to trial. Most families are not well-equipped to do this – especially in the emotional aftermath of losing a loved one.
Insurance companies generally do not want the expense of a trial and will settle out of court. An experienced wrongful death lawyer will know how to manage this process so that you receive what you deserve without unnecessary delays.
How soon must a wrongful death claim be filed in Toronto?
Ontario imposes a statute of limitations on wrongful death claims, meaning that you only have a certain amount of time in which to file a claim (providing you have legal grounds to do so).
This period is generally two years from the date of death, though it can be extended in exceptional circumstances – for instance, if new information pertaining to the case comes to light.
Typically, it’s best to file your wrongful death lawsuit as soon as possible after the death has occurred.