Wrongful Death Injury Lawyer
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 or road conditions or other reasons, speak to our legal experts. 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.
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.
We have achieved exceptional results for our clients against some of the world’s largest and most prominent insurance companies, law firms and corporations including: AIG, Allstate, Aviva, Chubb, Cooperators, Desjardins, Economical, Intact, Lloyd’s, Northbridge, RBC, RSA, TD, Travelers, Wawanesa and Zurich, among others. Contact us today to learn how Campisi’s experts can help you with your case.
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 a such a statement, because what you say could affect your right to compensation.
COMPENSATION SOURCES IN ONTARIO
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 had they lived. Such compensation includes:
- Lost wages the individual may have earned 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.
Wrongful or negligent death cases can be very complex and require the input and guidance of expert lawyers. 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.
Generally, you have two years from the date of the accident to file a lawsuit against the at fault parties for “wrongful death”.
We can help you understand 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, providing closure and helping with medical bills or lost income.
Who can claim
The following family members can claim for damages under a wrongful death lawsuit:
- Spouses by marriage or common law
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. This deadline may be extended in cases where a minor wants to wait until they turn 18 to file the suit.
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.
- Death benefit of $25,000 to a spouse or dependants if no spouse, $10,000 to each dependent and supported former spouse and one benefit of $10,000 to be split amongst the persons in respect of whom the deceased was a dependant at the time of the accident a funeral benefit of $6,000.
Accident Benefits (No-Fault)
Ontario has an Accident Benefits system that is designed to provide you 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 Death Benefits are available:
We Win Cases That Change The Law
At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer and a past member of the Brain Injury Society of Toronto, he is a Professor of Insurance Law at one of Canada’s top law schools – the only Personal Injury Lawyer in Ontario with a Ph.D. in Insurance Law. Our lawyers have successfully represented thousands of clients with serious injuries like these, and use their extensive knowledge of the law, the medicine and the insurance system to win your case.
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.