While you might think that wrongful death cases would be filed more under the criminal law department, they are also quite common in different civil courts throughout Ontario. A claim for wrongful death could be brought against individuals and also against different companies and even against agencies operated by the government. This is something particularly important and it needs to be accounted for. Whenever a person is injured fatally because of the negligence of a third party, the next of kin or family members are capable of filing a suit against the at-fault party for wrongful death. (more…)
There are quite a lot of different accidents which could be devastating. Car accidents, motorcycle accidents, pedestrian, public transit and everything of the kind – these could be even fatal. And when it’s caused by the negligence of a third party, things become a lot scarier. This is the classic wrongful death case and it’s one of the most serious and challenging matters of personal injury law. With all this in mind, let’s take a look at some of the specifications regarding wrongful death claims. (more…)
When it comes to personal injury cases, the term “damages” is used to describe the actual monetary compensation which is awarded to the party that has been injured. Damages can be grouped in two particular sections – special and general. They are also quite commonly referred to as economic and non-economic damages. So, with this in mind, let’s go ahead and take a closer look at those types of damages as well as at the examples for each type. (more…)
Wrongful death as regarded by personal injury law is the event in which a person has lost his life because of the negligent behavior of another person. In criminal law the same phenomenon is regarded when someone has intentionally caused the death of another. The situations are remarkably different because in the former case those seeking reparations can only claim compensation while in the latter case the case is held by the prosecution and the main intention is to engage the criminal responsibility and get the legal punishment for the person who has caused the death of another. This is a principle differentiation. (more…)
Wrongful death, as seen from the prospective of personal injury law can derive from the negligent behavior of a third party. However, there are quite a few different types of accidents which are in the field of personal injury which could actually cause the death of a person. With this in mind, there are a lot of things to be regarded, so let’s take a brief look at the burden of proof in the most common cases.
Wrongful death in medical malpractice cases isn’t uncommon. In order to be able to recover the damages stemming from the fact, the plaintiff needs to determine that there was negligence on behalf of the medical professionals. This means that he or they (depending on whether it was an individual mistake or one carried out by a whole team) must have acted below the standard duty of care, meaning that the same mistake wouldn’t have been committed by another professional with reasonable experience.
Motor vehicle accidents
Wrongful death cases are particularly common in car accident cases. Actually, they aren’t that common but car accidents, in comparison to other causes, are the most common type of accidents that would cause death. However, in order to be able to recover damages, the plaintiff would need to prove the negligence of the party at-fault. There are quite a lot of variables in this regard but all in all negligence needs to be definitively determined.
Slip and fall
Believe it or not, slip and fall accidents can also cause death. In this particular situation, the plaintiff needs to determine the negligent behavior of the defendant in his failed attempt to keep the premises safe for the protection of those who pass by them.
These are the most common types of accidents which would cause death and hence open the possibility for a wrongful death claim. However, there are quite a lot of additional things that need to be taken into proper account because claims of the kind are rather specific. For instance, the circle of possible plaintiffs needs to be identified in order to determine whether or not the person who’s claiming the damages has the legal authority to do so. This is particularly important as its grounds for mistrial and dismissal of the claim.
As you can see, there are plenty of things that need to be taken into account when it comes to wrongful death. However, that’s the main reason for which you might want to consider engaging the services of a professional personal injury lawyer. Building a case to prove the death due to negligence or carelessness is complicated and time-consuming procedure which requires a lot of expertise and thorough knowledge of the law. However, for injury lawyers in Toronto and the surrounding city, dealing with tort law cases is part of a day’s work. Find an experienced lawyer that has considerable success with wrongful death cases and they would be able to help you with it.