INJURY TYPES

Wrongful Death Injury Laywer

The loss of a loved one is devastating, especially when it is caused by the actions or negligence of another party. If your spouse or family member has suffered a fatality because of a distracted or drunk driver, poor sidewalk maintenance or road conditions or other reasons, we recommend that you speak with a reputable personal injury lawyer. While no amount of money can bring back your loved one, it is important for families to know they do have rights and might be entitled to compensation. We are pleased to offer a free, no-obligation consultation so that your mind can be at ease.

You don't pay us until your case is won or settled

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What you need to know

Wrongful or negligent death cases can be very complex and require the input and guidance of experienced lawyers with a proven track record of success. We will work with you to determine if you have the grounds to pursue a wrongful death claim, and we will fight for you every step of the way.

The following family members can claim for damages under a wrongful death lawsuit:

  • Spouses by marriage or common law
  • Children
  • Parents
  • Siblings
  • Grandparents
  • Grandchildren

The Family Law Act and Negligence Act govern compensation for damages in a wrongful death lawsuit. A wrongful death lawsuit can be filed in cases where the deceased would have been entitled to compensation if they had lived. Such compensation can include:

  • Lost wages the individual may have earned for the household over their lifetime;
  • Medical treatment, hospital stay and prescription costs of the deceased;
  • Loss of care, guidance and companionship suffered by immediate family members;
  • Loss of service contribution the individual would have provided, such as household and homemaking chores;
  • Funeral and burial expenses, as well as other out-of-pocket expenses;
  • The loss of income suffered by grieving family members.
What you need to do

What you need to do

When someone dies, it is an incredibly stressful and upsetting period. Nonetheless, the follow actions will help with a wrongful death suit:
  • If applicable, write down the names, addresses and telephone numbers of the people who were involved in the fatality, as well as the contact details of any witnesses. If you are called later, the police will have this information.
  • In the case of a vehicle accident, report the accident to the victim’s insurance company, or if they don’t have one, to the insurance company of the vehicle that hit them.
  • Report the death to the victim’s life insurance company.
  • Report the death to any other insurer they may have, for example mortgage or debt forgiveness through credit cards.
  • Keep receipts of expenses related to the fatality.

Important: You do not have to speak to the insurance company of the other parties involved in the lawsuit. It is a good idea to have a lawyer with you, if and when you decide to provide such a statement, because what you say could affect your right to compensation.

Important timelines

Important timelines if injured in a car accident

  • Within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection.
  • Generally, you have two years  from the date of the accident to file a lawsuit against the at fault parties in a wrongful death claim.
  • It is best to file your wrongful death lawsuit as soon as possible. You will be more likely to recoup all the damages you are entitled to if you file while the details and evidence are still fresh in your mind. You do have 2 years from the date of death to file a wrongful death lawsuit.

  • Note: The 2 year deadline may be extended in cases where a minor wants to wait until they turn 18 to file the suit.  confirm this with Joe.  the limitation might be tied to the death vs the dependant age

  • Within 10 business days of receiving a request for information: Your insurance company can request information needed to determine your entitlement. You have 10 business days to provide it, or they can suspend or deny your benefits.
Other important information

Other important information

If the death was caused by a car accident, Ontario has an Accident Benefits system that is designed to provide us with fast access to essential benefits, regardless of who is to blame for the accident. They are often referred to as No-Fault Benefits. Under the no-fault system, each person deals directly with their own car insurance company for health care, income replacement and other benefits. Note that if the accident involved a snowmobile, ATV or other recreational vehicle, you might also be entitled to no-fault benefits. The following No-Fault Benefits are available in a wrongful death claim:

  • $25,000 to a spouse or dependants if no spouse
  • $10,000 to each dependent and supported former spouse
  • $10,000 to be split amongst the persons in respect of whom the deceased was a dependant at the time of the accident, and
  • a funeral benefit of $6,000.

Compensation for your injuries can include damages for:

  • Pain and suffering;
  • Loss of income and out of pocket expenses;
  • Loss of enjoyment of life;
  • Economic losses incurred by family members;
  • Cost of future medical treatment and care;
  • Cost of future attendant care;
  • Loss of future ability to earn money in the job market;
  • Cost of housekeeping and caregiving;
  • Loss of shared family income;
  • Loss of care, guidance and companionship suffered by your immediate family;
  • and more.
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Common questions

What is a wrongful death lawsuit?

While no amount of money can bring back a loved one, it is important for families to know they do have rights and may be entitled to compensation. In Ontario, family members can file wrongful death lawsuits. In order to do this, proof must be provided that the fatality was due to another party’s actions or negligence, such as drunk driving, a medical error, an unsafe working environment, poor road conditions or for other reasons. Wrongful or negligent death cases can be very complex and require the input and guidance of an expert law firm like Campisi LLP. We will work with you to determine if you have the grounds to pursue a wrongful death claim, and we will help you every step of the way.

 

 

What if I can't afford a lawyer?

We understand that finances can be tight after losing a loved one. Campisi LLP wants to make your lawsuit as effortless as possible for you so you can focus on your emotional and financial recovery. You don't pay legal fees unless we recover money for you. When your case is won or a settlement is reached, our fees are calculated on the award you receive, based on the terms of our Contingency Fee Agreement with you.

How Campisi can help

We can help you through the process of establishing fault and negligence and suing for damages. Although nothing can replace the loss of a loved one, most clients find that the damages they receive help to make their lives a little easier, by preventing the further emotional stress caused by going into debt over medical bills or lost income.

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We are available 7 days a week to answer your questions, provide legal advice and help you and your family through difficult times.


 
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The Campisi Difference

Why Choose Campisi?

A champion with heart

When you’re a victim of an accident, everything can seem upside down. You need someone who cares enough to help you through the process, but also someone who’s strong enough to battle tirelessly on your behalf. You need an advocate with a heart.

We guarantee to always put your future first

You don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We are selective when taking on new clients so that you receive the attention you deserve, and the commitment to win your case.

Campisi is head of the class

At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer, he is a professor of Insurance Law at York University’s Osgoode Hall Law School. Our lawyers have successfully represented thousands of clients with serious injuries like yours, and will use their extensive knowledge of the law, the medicine and the insurance system to win your case.