Wrongful Death Lawyer in Hamilton, Ontario
Experienced Hamilton Auto Accident Law Firm
Tenacious Wrongful Death Lawyers With Proven Results
A wrongful death claim arises when a loved one dies as a result of another party’s negligent, reckless, or wrongful conduct, which can include medical mistakes, car accidents, criminal attacks, work-related injuries, and other accidents. At its center, a wrongful death case is a claim for negligence, and it requires you to prove both liability and damages in order to recover your losses as a result of your loved one’s death.
There are many different types of accidents that can rise to the level of a wrongful death claim. On this page, we take a closer look at motor vehicle accidents that can cause wrongful death.
What Types of Motor Vehicle Accidents Result in Wrongful Death Claims?
Car Accident Wrongful Lawyer Hamilton, Ontario
Whether involving just a couple of vehicles or a pile-up, a car accident can rise to the level of wrongful death if it causes such serious injuries as to result in the untimely death of a loved one. Consider, for example, an accident in which someone egregiously breaks the law, such as by going significantly above the speed limit or going the wrong way on a highway ramp. If that accident results in a death, a wrongful death claim may arise.
Truck Accident Wrongful Death Lawyer Hamilton, Ontario
Largely due to the sheer size and weight, an accident involving a commercial vehicle can often result in serious injury or even death. When that is the result of the negligent conduct of the truck driver or trucking company, you may have a claim for wrongful death.
Bicycle Accident Wrongful Death Lawyer Hamilton, On
Believe it or not, bicycle accidents are considered motor vehicle accidents. If you’ve been in a bike accident that involved another vehicle like a car, truck, van, etc. then you will want to reach out to a bicycle accident lawyer in Hamilton. Wrongful death
Motorcycle Accident Lawyer Hamilton, Ontario
Being in a crash while you ride may mean significant personal injuries and, sometimes, death. If your loved one was injured while they were riding a motorcycle as a result of another motorist’s negligence, you may be able to bring a claim for wrongful death.
Pedestrian Accident Lawyer Hamilton, Ontario
When a motor vehicle hits someone who is walking, jogging, standing, or sitting on a road, some of the most serious types of injuries, including wrongful death can result.
Snowmobile, Ski, & ATV Accident Wrongful Death Lawyer Whether it’s snowmobile, ATV, or boating accidents, recreational motor vehicle crashes can cause significant injuries–and sometimes, wrongful death.
What Types of Damages are Involved in a Motor Vehicle Wrongful Death Claim?
When you bring a claim for wrongful death after your loved one’s motor vehicle accident, you will need to prove both liability by the other party and an accurate assessment of the damages you have suffered. This includes the specific out-of-pocket costs that are directly related to the death of your loved one. For example, you may recover for some of the immediate expenses that result, such as funeral and burial costs and legal costs associated with your loved one’s death.
You may also face lost future income that your loved one would have been able to provide, for which you might be able to recover. If your family has lost its main income earner, benefits may be available for funeral expenses and a modest death benefit may be available for the spouse and dependents of the deceased. Additionally, you may be able to recover some of the general damages that you have suffered as a result of your loved one’s untimely death.
Wrongful death claims in Ontario fall under the jurisdiction of the Family Law Act, which allows compensation for loss of care, guidance, and companionship. Wrongful death motor vehicle accident damages usually depend upon the relationship of the plaintiff to the deceased. Specific wrongful death damages available to parents include loss of companionship and mental anguish caused by their child’s death. Damages for spouses include loss of companionship, potential financial contributions, and mental anguish. The wrongful death damages awarded to children after the death of a parent vary based upon age.
It is important to discuss your potential damages with an experienced and knowledgeable wrongful death attorney, who can walk you through the various types of compensation to which you might be entitled.
How Can a Motor Vehicle Accident Wrongful Death Lawyer Help?
Wrongful death cases are some of the most complicated matters in personal injury law. They involve the need to prove both liability — that the other party was responsible for your loved one’s death — and damages. These claims can only be brought by certain family members, namely a surviving spouse, child, grandchild, parent, grandparent, or sibling of the deceased. Before filing a claim, it is important that you understand fully what the process entails, as well as what must be proven in your case in order for you to recover damages. An experienced motor vehicle wrongful death lawyer can apprise you of your rights and options.
Wrongful death claims must be brought within two years after the accident in order for you to pursue benefits from the at fault party. It’s critical that you choose the right legal advisor as quickly as possible because insurers can refuse to pay for expenses incurred before the proper documents are submitted.
Additionally, in a motor vehicle wrongful death lawsuit, you will be going up against not only the responsible party, but the insurance company involved. To be successful, you need a skilled negotiator who can advocate on your behalf for a fair and reasonable settlement.
How can Derek Wilson Personal Injury Law Help After the Death of Your Loved One?
Families that are in mourning may be understandably hesitant to speak to a lawyer or to even think about a lawsuit. After all, your family is reeling from an unimaginable loss, and speaking with a lawyer may be the last thing in your mind. Unfortunately, time is a critical factor to a successful claim, which makes it important to call an experienced and knowledgeable wrongful death lawyer as soon as possible.
Derek Wilson is a compassionate motor vehicle accident lawyer in Hamilton who has made it his personal mission to do everything possible to help families like yours, who are suffering the aftermath of a loved one’s untimely death. We can focus on your recovery so that you can focus on piecing your family’s lives back together. Contact us by email or by phone, so that we can discuss your options, rights, and potential next steps in your case.