Every province has its own statute, regarding wrongful death lawsuits. Still, the questions that grieving families ask most frequently elicit the same answers in just about every city.
Who is the target of such a lawsuit?
The target is a person or business that is responsible for someone’s death. The basis for the charge against that person or business could be due to negligence, such as carelessness, to gross negligence, such as recklessness, to the marketing of a defective product, or to performance of an intentional act.
Injury Lawyer in Kitchener will be able to provide their clients with more clarity, regarding the nature of an intentional act.
Who can file a wrongful death claim?
The representative for the deceased’s estate can file such a claim. Certain family members also enjoy that privilege. Those are the spouse, and any other relatives that had been dependent on the decedent.
How is the compensation for the survivors (those filing the claim) determined?
The court looks at what amount of money the decedent had provided those same survivors in the past. What had been the level of the decedent’s monetary support for those particular survivors?
Following the loss of such support, the now unsupported family members would have been forced to spend money on their care. Hence, they could claim both their care expenses and the loss of companionship.
A wrongful death often follows the occurrence of an accident, one that caused a fatal injury. Consequently, there was a time when medical care was given to the dying, now deceased patient. The person that has submitted a wrongful death claim has the right to seek compensation for the medical expenses. It costs money to have a funeral and to provide a family member with a fitting burial. If a loved one has been killed due to someone’s negligence, then the survivors can ask to be compensated for the funeral and burial expenses.
What is the statute of limitations?
That does vary from state to state. Still, it is usually in the range of 2 to 3 years, following occurrence of the wrongful death. All states refuse to grant an exemption to any possible claimant that has missed that particular deadline.
Can the family file a case even if the victim did not work?
Yes, of course. Even if he or she didn’t hold a job, they must have contributed to a certain extent as a member of the family. Their role is considered as pecuniary losses when such claims are filed. Additionally, it helps to have a good lawyer in your corner when you intend filing such a claim as they understand the nuances of the legal system.