Was your loved one killed in a fatal accident in Hamilton, ON? If you suspect that someone else was responsible, contact an experienced Hamilton wrongful death lawyer right away. At Findlay Personal Injury Lawyers, we have the resources to help you fight to recover compensation for medical bills, lost financial support, pain, suffering, and more.
Our lawyers have over 92 years of experience providing compassionate, quality legal guidance for grieving families like yours. We’ve recovered over $100 million in compensation to date.
How Can Findlay Personal Injury Lawyers Help if My Loved One Died in an Accident in Hamilton, ON?
Tragedy can strike when you least expect it. If you’re grieving the loss of a loved one, you know that’s not an exaggeration. Coping with the loss of a family member can seem unbearable. You shouldn’t have to struggle with financial losses on top of everything else.
You may deserve compensation. However, don’t expect the at-fault party to simply admit fault. Even if they do, the insurance company won’t just hand over a check for full compensation. You may also not completely understand what “full compensation” means when it comes to a loss like yours.
Our compassionate Hamilton personal injury lawyers are here to help with every aspect of your case. The Hamilton Spectator has recognized both our lawyers and our law firm for our exceptional legal representation.
Count on us to:
- Gather evidence to find out what caused your loved one’s death
- Assess your case value
- Protect you when the insurance company blames your loved one
- Negotiate with the insurance companies for the maximum compensation you deserve
You can learn more about your rights and the legal process by calling our team for a free case evaluation today.
What Is Wrongful Death in Ontario, Canada?
Wrongful death is a death caused by another person’s careless, reckless, or wrongful act.
When someone is injured in an accident in Ontario, they can file a lawsuit against the person responsible. However, when the victim’s injuries are fatal, they often don’t get the chance. The right to sue for damages transfers to the victim’s surviving family.
When a wrongful death case is successful, the victim’s survivors recover financial compensation from the at-fault party. In other words, wrongful death cases aren’t criminal matters. They’re handled in civil courts.
Under Ontario’s Family Law Act, the following parties have the right to file a wrongful death lawsuit:
- The surviving spouse
- Children of the victim
- Brothers or sisters
The person responsible for your loved one’s death may be facing criminal charges if they acted intentionally. Criminal matters will not impact your right to sue for damages in civil court.
On the other hand, most wrongful death cases don’t involve crimes. They’re typically based on accidents. Wrongful death laws give survivors the right to recover compensation.
How Common Are Fatal Accidents in Canada?
Fatal accidents are unfortunately common. According to Transport Canada’s National Collision Database (NCDB), 1,768 people in Canada were killed in traffic accidents during 2021.
Over 350 people died in motor vehicle accidents in Ontario during 2022.
- 44 motorcyclists
- 29 pedestrians
- 12 bicyclists
Another 29 people died in boating accidents, and 14 lost their lives in snowmobile wrecks. Sadly, 22 construction workers in the Province of Ontario died on the job in 2021.
Preliminary reports show that 592 people were killed in traffic accidents across Ontario in 2022.
What Is My Ontario Wrongful Death Case Worth?
Putting a dollar value on the loss of a loved one can seem impossible. We understand. We also know that it’s a necessary part of pursuing compensation.
Your case value depends on:
- The circumstances of your loved one’s death
- Your loved one’s age and life expectancy
- The identity of surviving dependents and children
- Your loved one’s earning capacity, based on prior earnings, education, and work history
- How the loss of a loved one has impacted your family
- How your loved one contributed to the family
- The costs you’ve incurred because of the accident, injury, and death, considering medical treatment costs, nursing care, funeral costs, and more.
Other variables can also influence your case value. That makes it important to have a lawyer by your side–especially if the insurance company is trying to undervalue your claim.
What Types of Damages Can My Family Recover in a Successful Wrongful Death Lawsuit?
Ontario wrongful death laws allow survivors to seek compensation for pecuniary damages and non-pecuniary losses if you lost a loved one because of another person’s negligence.
Often, the nature of those damages depend on the identity of surviving dependents. Your financial losses will depend on the types of financial costs you have incurred or will incur.
Examples of the types of compensation that you may be entitled to receive include:
- Medical expenses incurred by your loved one prior to death
- Funeral costs and burial expenses
- Other expenses incurred for the benefit of the deceased person, including travel expenses for visiting your loved one
- Loss of future financial support
- Loss of the value of household or childcare services
- Loss of your loved one’s benefits, including health coverage and retirement benefits
- Your family’s emotional losses, pain, suffering and grief
- Loss of a parent’s care and guidance
- Loss of your loved one’s companionship and support (loss of consortium)
After a tragic loss, you can count on us to handle the legal issues. Our lawyers will work with your family so that we can understand the types of losses you have suffered.
How Can Comparative Negligence Impact My Case if My Loved One Was Partly Responsible for an Accident in Ontario?
In personal injury cases in Ontario, the victim’s compensation is reduced in proportion to their share of fault. The same rules apply in wrongful death cases.
If the insurance company can prove that your loved one was even partly responsible for their own death, your family’s settlement or verdict will be reduced accordingly.
Unfortunately, your loved one isn’t here to defend themselves. You may not have been present to witness the accident that caused their death. You may have suffered injuries yourself. These factors all give the insurance company powerful motivation to try blaming a deceased person for causing their own death.
If your family is struggling with allegations like this, contact our experienced lawyers. We know how to protect you and gather evidence to minimize the effectiveness of these accusations.
Our Lawyers in Hamilton Handle All Types of Wrongful Death Claims
Wrongful death claims can be based on any type of traumatic accident, fatal injury, or intentional wrongdoing.
At Findlay Personal Injury Lawyers, we often handle wrongful death claims involving:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Dangerous property conditions and premises liability
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Snowmobile accidents
- Jet Ski accidents
- Accidents involving ATVs
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Nursing home abuse
- Intentional crimes, including assault, homicide, and sexual assault
- Negligent security
If you’re grieving the loss of a loved one after an unexpected accident or event, contact our law firm in Hamilton today. We’ll arrange a free case review so you can learn about your legal options.
How Do I Establish My Right to Financial Compensation After Losing a Loved One in an Accident in Ontario?
Like personal injury cases, most wrongful death claims are based on negligence. Negligence is a legal term that means something like “carelessness.” Someone is negligent when they fail to exercise the same caution that a reasonable person would have used in a similar situation.
Proving negligence means showing that:
- The responsible party owed your loved one a legal duty of care
- They breached that standard by failing to meet the standard of care
- Your family suffered damages
- The defendant’s acts directly caused those damages
You may not have a pile of evidence to support your claim. That’s okay. Our lawyers can conduct an independent investigation to determine what really caused your loved one’s death. Video footage, medical records, police reports, and even witness statements can all play a valuable role.
How Long Do I Have To File a Wrongful Death Lawsuit After Losing a Loved One in Ontario?
We know you’re grieving an unimaginable loss. However, you won’t have an unlimited amount of time to take legal action. The statute of limitations gives you two years to file a lawsuit for damages. The two-year clock starts running on the date of your loved one’s death.
Contacting us as soon as possible is the best way to protect your rights and confirm the deadline for your specific wrongful death case.
Contact an Experienced Hamilton Wrongful Death Lawyer for a Free Initial Consultation Today
Did you recently lose a loved one? Was someone else responsible? Our lawyers at Findlay Personal Injury Lawyers are here to help you fight for justice. Contact us today for a free consultation with a Hamilton wrongful death lawyer who can help you recover fair compensation.
Our personal injury law firm in Hamilton, ON also handles:
- Hamilton Bicycle Accident Lawyer
- Brain Injury Lawyers in Hamilton, ON
- Hamilton Car Accident Lawyer
- Hamilton Catastrophic Injury Lawyer
- Hamilton Construction Accident Lawyer
- Hamilton Dog Bite Lawyers
- Hamilton Long-Term Disability Lawyers
- Hamilton Motorcycle Accident Lawyers
- Hamilton Negligence Lawyer
- Pedestrian Accident Lawyers in Hamilton, ON
- Personal Injury Attorneys in Hamilton, ON
- Spinal Cord Injury Lawyers in Hamilton, ON
- Hamilton Truck Accident Attorneys
- Hamilton Workers Compensation Lawyers
- Wrongful Death Lawyer in Hamilton, ON