A Wrongful Death Claim: The Information You Need To Know

September 18, 2019

Sometimes, when the life of someone you love ends suddenly, through all the grief and trauma you and your family are experiencing, it is important to know where you stand legally. If the death of a loved one was caused through the negligence of someone else or the result of something intentional, then you may be entitled to bring a wrongful death claim against the defendant in question. 

This special kind of lawsuit is emotionally draining and of course traumatic for anyone who is already going through a horrific time. But knowing your legal rights and what you and your family can do to help bring about justice for your loved one is an important concept. These claims seek compensation for the loss of the survivors (family), which range from the loss of earnings, to helping with funeral costs and of course the loss of companionship of the deceased. If you are looking for a wrongful death lawyer in Toronto, click the link.

In the meantime, to find out more information about a wrongful death claim read onL

In what circumstances is this applicable?

A wrongful death claim is applicable in circumstances, where the claimant would normally have had a standard personal injury claim. It is only when a death occurs — due to the negligence of the defendant — that this turns into a wrongful death claim. The following circumstances are the most common situations that a wrongful death claim would be suitable:

  • Medical malpractice: death due to medical negligence is devastating. Perhaps the doctor failed to diagnose a condition properly, the level of care the victim expected was not met, or something happened during surgery that contributed to death. 
  • Car accident fatalities: If your loved one died as a result of a car accident fatality then this kind of claim could be applicable.
  • An intentional act: when someone is killed deliberately, then it is common for the victims family to bring a wrongful death claim against the defendant. 

Who can sue for this kind of claim?

A wrongful death claim is filed by the people who are affected the most by the death of the loved one. They will be represented by an attorney. People who can file include:

  • Immediate family members: spouses, children (including adopted), etc.
  • Financial dependents: this includes life partners and those who are not married.
  • Distant family members: this includes siblings and grandparents. For example, if a grandparent is looking after a child, they would be able to bring forward a case.

Damages you can claim for?

Categories you can claim for in a wrongful death claim include:

  • Funeral costs
  • The medical treatment costs (which could very well be in the thousands if they were injured and received extensive treatment before death)
  • Loss of the deceased’s expected income
  • Loss of inheritance
  • Loss of love and companionship

Remember, if you are looking for more legal advice it is best to speak to a law representative who can guide you and your family on the best course of action. 

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Andi Perullo de Ledesma

I am Andi Perullo de Ledesma, a Chinese Medicine Doctor and Travel Photojournalist in Charlotte, NC. I am also wife to Lucas and mother to Joaquín. Follow us as we explore life and the world one beautiful adventure at a time.

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