In Mourning: 4 Legal Guidelines About Wrongful Death

  • Michael Grant
  • April 18, 2018

Whenever a death occurs, it is such a devastating time for the family. There are so many implications, especially if the person was the main household earner. There are funeral costs to now consider, which can be very high. In the case of a wrongful death, it may be possible to at least ease the financial burden for the family during such a stressful and emotional time.

For example, if the death was caused by the other person’s negligence, then it may be possible to recover at least some of the financial losses. Let’s take a look at what you need to know if a death was caused because of someone else’s actions.

1. Be Careful When Speaking About It

Unfortunately, we live in a cruel world, especially when it comes to certain legal issues. It is not always the guilty party who pays. The guilty can get away while the innocent party ends up feeling like justice was not done. The defendant or their legal representatives, whether it is their lawyer or the insurance adjuster, may try to make contact with you to speak about the tragedy. You must be very careful what you say.

It would be better not to say anything, whether it is you or someone else in your family that happens to pick up the phone. You must never discuss anything about potential liability or damages to the other party. Instead, you should just tell them to contact your lawyer.

2. Considering Financial Recovery

There are two main sources of compensation; a wrongful death lawsuit and Ontario’s statutory Accident Benefits. In events such as a car crash or some other kind of accident where another party was responsible, or was the cause of injuries or death, a wrongful death lawsuit may be suitable.

In the event of a death as a result of an automobile accident, there may be a lump-sum payment for the survivors of the person or persons killed in the collision. These benefits can help with funeral and burial costs as well as other financial damages.

3. Preservation Of Evidence

When it comes to anything legal, no matter how right or wrong you are, you had better make sure you have some kind of documentation and any other evidence such as physical evidence in your pursuit of financial compensation. This sort of evidence is vital when trying to prove liability and negligence. The law can sometimes be like an insurance company – it only needs one loophole and your whole case can collapse even though you may be right, so make sure to have proper evidence. This can include:

  • witness statements
  • photos
  • medical, employment and financial records and more

4. Qualifying For Wrongful Death

You must first determine if you indeed qualify for a wrongful death action because not everyone can file this claim. The law places limits on who can and cannot. However, in general, spouses, children, parents and siblings can be claimants. The only way of knowing is to seek the help of an injury lawyer.

A wrongful death lawyer can help you with your wrongful death claim, as they are experts in getting the necessary documents, evidence and filing claims within specific time periods. You can even get a free consultation and this can help you determine if the law firm is the one you want to work with during this difficult period.

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Hello, my name is Michael and I'm a cancer survivor. I'm also a home entrepreneur and stay-at-home grandfather. In the past thirty years, I've dabbled in the the financial sector, the technology industry, as well as a little business consulting. I guess you can call me a jack of all trades!

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