Fatal Accidents
Fatal Accident Representation in Ontario Since 1988
The death of a loved one is a tragedy, and even more so if you suspect that they passed because of someone else’s negligence. In this case you will want to talk to the lawyers at Miskin Law to find out whether you have a wrongful death claim. We have years of experience working with families of fatal accident victims in Ontario. Consult with our lawyers in Peterborough, Lindsay, or Oshawa today.
Who Has a Claim for Wrongful Death?
While a deceased person’s estate does not have a right to claim for losses due to a wrongful death, unless the death occurs some time after the accident that caused it, the Family Law Act allows family members (a spouse, children, grandchildren, parents, grandparents, and/or siblings) of the deceased to claim compensation.
What Kinds of Claims Can be Made?
Family members can claim for what are known as “pecuniary damages” or compensation for economic losses, such as funeral expenses and travel expenses, as well as the loss of the income the deceased person provided. They can also claim what are known as “non-pecuniary damages” or compensation for the “loss of guidance, care and companionship” of the deceased person. Awards for these claims have historically been relatively low. However, the lawyers at Miskin Law have kept abreast of recent legal decisions that have increased the amount of this type of compensation substantially. Contact our legal team as soon as possible to prepare a solid plan.
Establishing Liability for Fatal Accidents
Whether your loved one was involved in a car accident or boat crash on the lake, you’ll need to establish liability in order to pursue a case. It’s rare that the negligent party admits fault, so the team at Miskin Law will help you prove their negligence. To build a strong wrongful death claim, we need witness testimony, documentation, and possibly expert evidence. Our legal experience can assist you in establishing a breach of duty, direct causation, and, ultimately, liability.
How We Can Maximize Your Compensation
Our fatal accident lawyers are dedicated to helping you get the maximum compensation for your loss. While nothing can bring your loved one back, we can help you get on the road to recovery. We often recommend seeking non-pecuniary claims, or compensation for the loss of guidance, care, and companionship of the deceased person. Awards for non-pecuniary claims have historically been relatively low, but the lawyers at Miskin Law are here for you. We stay abreast of recent caselaw that has substantially increase this type of compensation, and our team is well-versed in maximizing these claims for clients. We can help you recover damages for these things, among others:
- Hospital bills
- Lost wages and lost earning capacity
- Pain and suffering
- Property damage
Stay Aware of the Statute of Limitations
Wrongful death claims can’t be postponed forever. While we understand that you need to take time to grieve the loss of your loved one, it’s very important to start building a case as soon as possible. In Ontario, families have two years from the date of the incident to file an accidental death case. Although there are a few exceptions, plan to begin your case within the two-year time limit.