In Ontario, most wrongful death claims are filed in incidents such as car accidents where the other driver was careless or negligent. Wrongful death claims are filed in civil court. Criminal actions, due to accident circumstances, can be added to the civil action compensation. A wrongful death lawsuit is filed against the party of, their company are whoever insures the person responsible. If the accident was fatal the at fault drivers insurance company is responsible for compensation.
Compensation Bases: It seems to be only a semblance of justice that a personal injury lawyer is seeking for those that a death has left behind. The Personal Injury Lawyer in Kitchener faces challenges when he is seeking compensation for a grieving family left financial hardships when someone is lost due to a fatal accident. Though the loss is irreplaceable, but the financial assistance can be provided.
Recoverable damages: Financial support, this is loss the family suffers from the death of a family member that financially contributed to the claimant. Loss of guidance, care and companionship are other recoverable damages sought for the claimant. These damages are intended to compensate for losses the claimant would receive, but for the fatality, and can be awarded with financial support. Guidance damages given to surviving family members takes into consideration teaching, moral direction and discipline the deceased may have provided.
Care includes assistance the deceased can no longer provide such as meal preparation, transportation, and feeding. Companionship loss damages take into consideration the special bond and experiences a family share over the course of a lifetime. These damages will evolve over time for the deceased persons loved ones. These damages awarded, therefore, must take into consideration that the ones left will grow older.
Actual Expenses
Beyond the reasonable funeral and burial expenses you can also be awarded actual expenses such as, medicines, medical treatment and traveling to visit the victim until the actual fatality occurs. If the claimant of the wrongful death claim provided nursing or other services for the victim, reasonable compensation for cost of these services and the claimants’ loss of income can also be granted.
Who is Eligible For Compensation?
The family of a wrongful death victim, the spouse, children, grandchildren, siblings, parents and grandparents, are all eligible for compensation based on their losses. Only family members of the victim receives any recovered financial settlement, no creditors are entitled. It is not easy to collect wrongful death compensation. Evidence is essential in the case and wrongful death lawsuits must be filed with the courts.