Wrongful Death

When someone's life ends it is a never-ending loss to friends and family. But there is a great difference when someone's passing occurs from natural causes compared with a death that takes place directly or indirectly because of the negligent actions of another person or for that matter as a result of deliberate purposeful behaviour. That may create a legal claim for financial damages based on wrongful death brought by the family members of the deceased victim.

There are the obvious financial claims that are included in these types of cases such as funeral expenses and often an automatic death benefit may apply.

But other very substantial financial claims may also be advanced. These include the loss of financial support that various family members have suffered as a result of the premature death as well as a financial claim by certain close family members for the loss of future companionship that would have otherwise continued if the deceased had survived the misdeed.

Loss of financial support claims may be complicated. Calculations involving future financial support expectations and entitlements as well as increased earnings that could be anticipated and expected for the deceased person over time require expert opinion and reporting which are presented as part of these kinds of wrongful death claims.

The basis for wrongful death claims recognized by our Courts is that a person's life was ended prematurely due to someone's negligent reckless or deliberate actions and that requires a remedy in law. But there is also the idea that family members suffer ongoing financial and emotional losses from the death which are compensable.

A Personal Injury lawyer handling these delicate cases of wrongful death must establish the cause of death as connected to the negligent reckless or deliberate act of someone (and not because of the loved one's own act or inaction) and secondly there must be proof of actual loss by the surviving family members flowing from the wrongful death.

Examples of these cases include automobile accidents resulting in a fatality, a death that takes place from a medical mistake caused by a doctor or other health care professional and a death caused by someone during the commission of a criminal act.

Family members with rights to make these types of claims may include spouses, children, parents and siblings of the deceased.

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