Criminal Negligence and Wrongful Death Lawsuit: Getting the Compensation You Deserve
Tragedy can strike at any moment, and when it does it hits like a wrecking ball right into your heart and soul.
No one is ever prepared for wrongful death. But when criminal negligence strikes your family, at least there’s something you can do about it.
It’s not fair when you have to suffer because of someone else’s negligent actions. When wrongful death happens to your family, you deserve the right compensation.
Understand the facts about wrongful death claims so that you can get the most out of your settlement to start the healing process now.
Common Types of Wrongful Death
Wrongful death cases happen because of criminal negligence. In many cases this can be classified as manslaughter.
The typical types of cases include car accidents, nursing home negligence, swimming pool accidents, or work-related incidents.
Car accidents are the most common type of wrongful death claim in Ontario. A number of factors can cause these accidents, including speeding, distracted driving, or reckless driving.
Drunk driving accidents are charged separately under the Criminal Code of Canada. When a drunk driver hits someone, they can face different criminal charges.
Certain types of workplace industries have higher risks for wrongful death than others due to the higher occurrence of industrial accidents. Mining, fishing, construction, electricians, and truck drivers are among the occupations at risk.
Defective products are another type of claim, which can include food contamination or faulty design. Medical malpractice can also constitute a wrongful death claim. The doctor’s negligent actions have to be the direct cause of the death in this situation.
Who Can You Hold Liable for Wrongful Death?
In Canada, you have 2 options when you hold someone liable for wrongful death. You can bring a charge against an individual person or an organization.
An individual is held liable when the death was caused solely by their actions, like a drinking and driving accident.
If the death occurs because of the negligence of a corporation, organization, or business they can be held liable as an entity. For example, if a customer is killed at a restaurant because they used contaminated ingredients in their meals, the restaurant is responsible.
The Financial Burden of Wrongful Death
Funeral costs in Canada are extremely high. Families are looking at thousands of dollars for burial procedures, funeral services, coffins or cremation, and food.
Loss of wages are also a major issue for the family, and that’s on top of the funeral costs.
Firstly, there is a loss of wages due to time taken off work for bereavement leave and the grieving period. This can last anywhere from a few weeks to a few months, depending on individual grieving processes.
Some jobs don’t provide benefits to their employees. Jobs that do only cover a certain amount of time for bereavement. If they take extra time, it adds up.
Secondly, for some families, the deceased is the primary or sole financial provider. Even if the deceased was not the primary financial provider, the loss of a dual income is a heavy burden.
Thirdly, child care is a major factor in burdening a family after a loved one has passed away.
To recover financial losses and make life easier for the family of the victim, a wrongful death lawsuit can result in the necessary compensation.
Wrongful Death Lawsuits
The family members of the deceased can bring these settlements to the courts. They will represent the person who has been killed by the negligent actions of the guilty party. These settlements can be filed on top of any criminal charges the negligent person is already facing.
The family members who are eligible for suing on behalf of the deceased are the spouse, common law partner, parents, grandparents, siblings, or children.
The family of the deceased may sue for a number of financial benefits. These include funeral costs, loss of wages due to bereavement leave, loss of financial support resulting from the death, and emotional burden.
About 60 to 70% of the deceased’s net income is usually paid out to the widower. This is an average. Other factors are considered on a case by case basis.
A sum of the deceased’s income also goes to the children. However, this sum is smaller than the amount that goes to the spouse.
In Ontario, you can also claim loss of guidance, care, and companionship. The maximum amount that you can be awarded for this is $125,000.
AD&D Insurance
AD&D stands for accidental death and disfigurement. Some benefits packages cover this type of insurance.
Through AD&D insurance, the family of the deceased is eligible to receive a certain amount of compensation, depending on the specific package. While this might not always provide you with enough to recover what you’ve lost, it’s a good place to start.
If you aren’t sure what type of AD&D insurance coverage you or your deceased family member has, contact a personal injury lawyer to go over your policy with you. They can help you make sense of the situation and figure out what your best options are.
Trust a Personal Injury Lawyer in Ontario to Get You What You Deserve
Conte & Associates can help you achieve the justice you need. You’ve been through enough already, and you don’t need the added stress of finances.
We will fight aggressively for you to make sure that your family gets the settlement you deserve to start putting your life back together. Our experience and expertise in personal injury law can get you the right amount of compensation to continue living your life.
Contact us today for a free quote and assessment of your options.
