Have you lost a loved one in an accident in Brantford, ON? Losing a loved one unexpectedly is one of the difficult challenges a family can face. If another person or organization caused that loss through negligence or a wrongful act, you may have a legal right to seek compensation. By filing a wrongful death claim, you can hold the responsible party accountable and also secure financial support that may help your family move forward.
At Findlay Personal Injury Lawyers, we understand that no amount of money can ever replace the person you lost. However, a successful claim can ease financial burdens, pay for end-of-life expenses, and offer a sense of justice. Our law firm has over 92 years of combined experience and has recovered more than $100 million for our clients. We’re here to handle the legal process so that you can focus on what truly matters—taking care of yourself and your loved ones.
Contact our compassionate Brantford wrongful death lawyers at (226) 401-5433 today for more information. We offer a free consultation with no obligations.
How Findlay Personal Injury Lawyers Can Help With Your Family’s Wrongful Death Claim in Brantford, Ontario
Grieving families in Brantford, Ontario should not have to tackle the legal process on their own. At Findlay Personal Injury Lawyers, we are committed to our clients’ well-being and the Brantford community. Our experience and track record of success give us the background needed to handle even the toughest cases. Insurance companies know we are ready to fight hard for our clients, which often encourages them to offer more favorable settlements.
Here are some ways our Brantford personal injury lawyers can assist with your wrongful death claim:
- Investigating the Accident: We will interview witnesses, conduct extensive legal research, and hire experts if needed.
- Calculating Your Damages: We will figure out the financial and emotional losses your family has suffered.
- Collecting Evidence: We will gather medical records, accident reports, and anything else that supports your claim.
- Identifying Who Is Liable: Sometimes, more than one person or entity could be responsible for your loved one’s death.
- Negotiating on Your Behalf: We will speak with insurance companies and other parties to pursue a fair settlement.
- Preparing for Trial if Necessary: If the responsible party won’t settle, we can file a lawsuit and present a strong case in court.
By leaving these tasks to us, you can devote your energy to healing and taking care of your family. We handle every claim with care and dedication so you can feel confident about your future. Call us to schedule a free consultation.
What Is Wrongful Death in Ontario?
Wrongful death in Ontario generally falls under the Family Law Act (FLA). This legislation allows specific family members to seek compensation if another party’s negligence or misconduct caused a loved one’s death. Common examples include traffic collisions, medical errors, unsafe property conditions, defective products, and workplace incidents.
In Ontario, not everyone can file a wrongful death claim. Usually, eligible family members include spouses, children, grandchildren, parents, grandparents, and siblings of the deceased. Each case has its own details, so it’s wise to consult a lawyer if you are not sure about your eligibility.
Elements of a Wrongful Death Claim
To succeed in a wrongful death lawsuit, you typically need to prove:
- Duty of Care: The accused party had a duty to act with reasonable caution.
- Breach of Duty: The accused party failed to fulfill that duty.
- Causation: This breach of duty directly caused or significantly contributed to your loved one’s death.
- Damages: You and other family members suffered losses because of the death, such as funeral costs, lost financial support, or loss of companionship.
Ontario does not generally allow damages for pain and suffering on behalf of the deceased person’s estate if the death was instantaneous. However, if your loved one survived for a period before passing away, you might claim compensation for that individual’s pain and suffering during that period. A wrongful death lawyer can help you understand these rules and how they apply to your family’s case.
How Much Is My Brantford Wrongful Death Claim Worth?
It can be challenging to place a dollar figure on the loss of a loved one. Each case is unique, and there is no simple formula that applies to everyone. Courts in Ontario look at the specific losses your family has suffered due to the death. They may take into account:
- Your loved one’s age
- Your loved one’s earnings and potential income
- The nature of your family relationship
- Expenses caused by the death
- Loss of guidance, care, and companionship
While no amount of money can make up for a life lost, a settlement or court award can relieve financial pressure and provide a sense of closure. With Findlay Personal Injury Lawyers, you’ll have skilled advocates working to secure the full and fair compensation your family deserves.
What Damages Can I Recover By Filing a Wrongful Death Claim in Ontario?
Under Ontario’s Family Law Act, relatives can file a claim for the pecuniary and non-pecuniary losses they have suffered. The compensation can include:
- Loss of Financial Support: If the deceased contributed to the household income, you may seek compensation for lost earnings.
- Loss of Guidance, Care, and Companionship: These are non-pecuniary (non-financial) damages that acknowledge the emotional support the deceased provided.
- Out-of-Pocket Expenses: These can involve medical bills related to the final injury or illness, plus funeral and burial costs.
- Loss of Shared Benefits: If you depended on your loved one for health insurance or other benefits, you may be entitled to reimbursement for these losses.
In many cases, the deceased’s estate can also pursue claims for costs the individual would have been able to claim if they had survived for a period after the incident. These might include lost wages, pain and suffering, or medical bills before passing away.
How Can Shared Fault Impact a Wrongful Death Claim in Ontario?
Ontario follows a contributory negligence approach. This means if the deceased person contributed to the circumstances leading to their death, the compensation a family receives may be reduced in proportion to that fault. For instance, if a court decides your loved one was 20% responsible for an accident, your family’s overall compensation might be lowered by that percentage.
Insurance companies and defense lawyers often try to argue that the victim shared some blame because any successful claim of fault reduces what they might have to pay. An experienced Brantford wrongful death lawyer can fight these arguments and protect the value of your case.
How Much Does It Cost To Hire a Wrongful Death Lawyer in Brantford?
At Findlay Personal Injury Lawyers, we recognize that the cost of legal help is a major concern for many families. Fortunately, we work on a contingency fee basis, which means you can hire us without paying anything upfront. From there, we will receive an agreed-upon percentage of the jury verdict or settlement we secure for you as payment for our work.
This setup aligns our success with yours. We are motivated to secure the maximum compensation for your family, and you don’t have to worry about the risk of paying legal fees if we do not succeed.
What Is the Time Limit To File a Wrongful Death Lawsuit in Ontario?
Ontario has specific limitation periods that apply to wrongful death claims. In general, you have two years from the date of death to start a lawsuit in civil court. However, certain situations can modify this timeline, such as if the at-fault party is a municipality. Missing the deadline can lead to losing your legal right to seek compensation.
Because these rules can be confusing, it’s important to consult an experienced wrongful death lawyer in Brantford as soon as possible. Prompt legal guidance ensures you won’t run into avoidable problems with the statute of limitations.
Contact Our Brantford Wrongful Death Lawyers for a Free Consultation Today
If you lost a loved one in an accident that never should have happened, Findlay Personal Injury Lawyers is here to help. We have over 92 years of combined experience and have recovered over $100 million for our clients throughout Ontario. Our team knows that money cannot replace a family member, but a fair settlement or verdict can offer financial security and a degree of closure.
Reach out for a free consultation with one of our Brantford wrongful death lawyers.