When a victim of negligence dies as a result of their injuries, their loved ones can file a claim for wrongful death and collect damages. For this reason, wrongful death suits fall under the umbrella of personal injury law.
Losing a loved one causes pain and distress, and surviving family members may have to deal with financial stress in addition to the emotional grief of sudden death. In such cases, the family members may mitigate these expenses by seeking compensation from the negligent party of a wrongful death case.
This article answers a common question from clients: Can a personal injury lawyer etobicoke help with a wrongful death case?
Personal Injury Versus Wrongful Death
On one hand, ‘personal injury’ refers to a wide range of situations in which a person who has been hurt can file a civil suit against someone they think was at fault in order to get financial compensation. On the other hand, a wrongful death claim is filed if another person has been harmed due to the defendant’s negligence. Since the victim is no longer alive and cannot sue for compensation, their estate can file a lawsuit on behalf of the victim’s heirs. Damages for the survivors’ emotional anguish might be substantial in a wrongful death lawsuit. Etobicoke law does not assign a monetary value to human life, but it does provide for the compensation of surviving loved ones in the event of a fatal accident.
There are certain similarities between wrongful death and personal injury cases, but there are also important distinctions.
- Similarities Of Personal Injury Claims And Wrongful Death Claims
Both personal injury and wrongful death claims share many commonalities. First, they fall under tort law, which redresses a wrong committed to a person and provides some form of relief through monetary compensation. Second, both claims of personal injury or wrongful death require the plaintiff to demonstrate the following:
- The decedent owed a duty of care;
- The decedent breached the duty of care; and
- The decedent’s breach of duty caused the plaintiff’s injury.
Moreover, the different kinds of accidents that could lead to a claim in court for personal injury or wrongful death are similar. Accidents involving cars, trucks, motorcycles, people receiving substandard medical care, accidents at work, or falling down and hurting themselves are typical examples.
Another similarity between the two is the statute of limitations or the deadline by which a lawsuit must be submitted. The right to sue for damages will be lost if the plaintiff fails to make a claim within the required time frame. Legal action for both personal injury and wrongful death sustained in an accident in Etobicoke must be initiated within two years of the incident.
- Differences Of Personal Injury Claims And Wrongful Death Claims
In a wrongful death action, the ‘damage’ refers to the harm done to the dead person’s estate since the decedent is no longer legally available. Contrarily, the ‘injury’ in a negligence case is physical harm done to the plaintiff himself.
How A Personal Injury Lawyer Can Help In A Wrongful Death Case
No one should have to deal with the aftermath of a death in the family on their own. The legal process after a fatal accident is especially hard because personal injury laws are complex and difficult to understand. You and your loved ones may have many concerns and questions regarding the next steps. Read on to know how a personal injury lawyer can help in a wrongful death case.
- A Personal Injury Lawyer Can Explain Your Rights
Personal injury lawyers are prepared to assist you through the process by answering your questions, guiding you through the paperwork, and communicating with the insurance companies and opposing counsel. The first consultation is free, and you will not be charged unless the lawyers are successful in securing your benefits. There will be no upfront or hidden costs as well. Hence, you have nothing to lose if you talk to a lawyer about your situation and the possibility of filing a wrongful death claim.
- A Personal Injury Lawyer Can Provide Effective Legal Representation In All Stages
Legal representation includes constructing your case. This means that they will look into the situation, interview you and the negligent party, and compile all the evidence to support your claim.
A personal injury lawyer may draft a complaint against the defendant if the insurance company does not settle for a reasonable amount, wherein the accident allegations against the defendant are laid out in the complaint. The complaint also includes the client’s requested monetary damages. The standard time period for a defendant to reply to a complaint is 30 days from the day the complaint was received. A personal injury lawyer is accountable for representing you in these stages, drastically curtailing the distress of dealing with the lengthy legal process.
- A Personal Injury Lawyer Can Help Build Your Case
The negligent person may try to pin the blame on you even if guilt is obvious. Your personal injury lawyer can defend your innocence in such a case. They will collect substantial evidence to show that your loved one was hurt due to someone else’s carelessness in order to win your case; some examples of these are police reports, photographs of the scene, the official accident report, medical records, and the testimony of witnesses.
It is even more pressing to consult a personal injury lawyer if you were even partially responsible for the incident. You may require the testimony of an expert witness to bolster your case. This occurs whenever you need to present technical or scientific evidence to support your claim. Personal injury lawyers can locate relevant specialists that can support your case effectively and prepare them to testify in court and to refute any expert witnesses presented by the defendant.
Conclusion
A wrongful death lawsuit does not only hold the plaintiff accountable but can also help ease the financial burden that the death of a loved one has put on your family. While you and your loved ones grieve, personal injury lawyers can handle your wrongful death claim, so you don’t have to.
