Ontario Personal Injury Law Firm

Fatal Injury Lawyer

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A fatal injury lawyer handles wrongful death claims. If you have lost a family member due to the negligence of another party, our firm can help your family honour their memory by pursuing rightful compensation from those responsible.

The Legal Framework Of Wrongful Death Claims

A wrongful death claim is when someone has died due to the negligence, carelessness, or intentional actions of another person or party.

The most common wrongful death claims are tied to incidents such as car accidents, medical malpractice, or targeted harmful acts.

The family members of the deceased – including spouses, children, parents, grandparents, and siblings – can file a wrongful death claim. This is regardless of financial dependency.

A wrongful death claim is to seek compensation for the emotional and financial impact of having lost a loved one.

Role Of Fatal Injury Lawyers In Advocating For Families

Understandably, a wrongful death claim may not be the first thing that comes to mind following a family member’s death.

When someone has passed away, for surviving family members, this is often a time of crisis. They’re stressed from having unexpectedly lost a loved one, there is a financial strain from a loss of income, and they’re coming to terms with having lost the companionship and care of that person.

For a wrongful death lawyer, their role is to help the surviving family make their way through the confusion and loss, and ensure their rights are respected.

When you connect with a lawyer at Joshua Goldberg Law, we can assist with connecting you to grief and relationship counseling, guide legal proceedings, and coordinate all the details and paperwork involved with filing a wrongful death claim.

As difficult as it can be to manage a wrongful death claim as you’re recovering from what is likely a very traumatic experience, personal injury lawyers will ensure you can carry on without sacrificing your rights, benefits, and rightfully owed compensation.

Navigating The Complexities Of Wrongful Death Compensation

In a wrongful death claim, compensation is sought to cover the expenses of a funeral, loss of income for the surviving family, loss of care, guidance, and companionship the deceased would have provided, and other economic impacts related to the death.

While the pain and grief of a death cannot be undone, compensation can alleviate some of the burdens left behind with your personal loss.

In a case such as a car accident, financial damages are covered by the at-fault driver’s insurance company. If there is a person responsible for the injuries that led to death, you can also hold them personally accountable for damages.

Depending on the circumstances, other third-party individuals may be able to be held liable in a wrongful death claim.

Understanding The Scope Of Fatal Accident Claims

Wrongful death cases can occur from a variety of circumstances, accidents, and hazards.

  • Car accidents and traffic accidents are a leading cause of personal injury cases involving fatalities.
  • Slip-and-fall accidents are another source of fatal accident claims, affecting predominantly the elderly.
  • Occupational hazards can lead to fatal accidents, especially in high-risk industries or companies wherein there is a lack of reinforced safety protocols, equipment malfunction, and human error.
  • Drowning accidents can result in a fatality due to insufficient supervision.
  • Fires caused by electrical faults, cooking accidents, or negligence can mean fatal accidents for some.
  • Medical errors or negligence are also known to cause fatal accidents, often through misdiagnosis, medication errors, surgical mistakes, or inadequate patient care.

The Emotional And Financial Impact On Surviving Family Members

For surviving family members, after the initial shock of having lost someone close, the lingering pain and heartache can be incalculable.

The emotional impact of such a death is a shock that can take years for some family members to overcome.

Add to that having to navigate a future with less income, along with the immediate expenses of a funeral, counseling, and more. If the deceased was a wage earner, that is income you no longer have. You may require help that is unavailable without compensation, such as housekeeping, childcare, and income replacement from having to take extended time off work to recover and heal.

Key Elements Of A Wrongful Death Lawsuit

A wrongful death claim must be filed within two years from the date of death. This is crucial and why meeting with wrongful death lawyers quickly after the passing is important. These time limits are not flexible.

In addition to filing within the specified time limits, a wrongful death claim must be structured in a way that proves that negligence was involved. It must establish clearly that the death is tied to the circumstances proposed.

A wrongful death lawsuit has to prove three things:

  • The defendant owed the victim a duty of care.
  • The defendant failed to provide a duty of care.
  • The failure directly or indirectly resulted in the victim’s death.

At this point, it must be proven that the death has either caused the family of the deceased to suffer financially or that it will cause them to bear a financial burden.

Negotiating With Insurance Companies: Challenges And Strategies

A fatal injury lawyer should have experience in negotiating with insurance companies. Local coverage policies vary. An insurance company may not believe you are owed fair compensation for the death of a family member and may try to argue for a dismissal.

An insurance company will launch and complete its own investigation pertaining to any wrongful death claim.

From there, if they do not advocate for a dismissal, they will likely try to negotiate a settlement offer. It’s best not to jump at the first offer. Many negotiation strategies can be used by your personal injury lawyers to ensure the compensation is fair, from emphasizing the emotional points of the case to referring to the calculations, gathering and reviewing evidence, and supporting every statement with documentation and legal precedents.

As an insurance company is trying to reduce the amount they have to pay out, having a skilled negotiator there is key.

The Importance Of Legal Representation In Wrongful Death Cases

The personal injury lawyers you choose to represent you are everything. They can help you navigate the complex, stressful legal process while you’re still in recovery.

In addition, they will evaluate your case to determine if a wrongful death claim can be made, which is a civil action totally separate from any criminal charges applied to the circumstances. To be entitled to wrongful death compensation, your case must meet a specific set of requirements. Your legal representation will ensure your claim is built accordingly.

As many wrongful death claims are settled out of court, it is imperative you choose the right fatal injury lawyer to represent you.

How Wrongful Death Settlements Provide Relief To Grieving Families

There is no way to take the place of a loved one whose life has ended. Such a loss is heartbreaking and life-altering.

A wrongful death settlement and the compensation that follows can provide financial relief in the hopes of making life a little easier.

If a significant financial burden has been left, a settlement can help to cover it. If the victim’s income was required to help support the family and they are no longer contributing, compensation from a settlement can aid with that as well.

It’s not the relief a grieving family deserves but it’s something that can provide assistance in making it through a very difficult loss.

Moving Forward: The Role Of Legal Support In Healing And Recovery

It’s emotionally taxing to go through any sort of legal process. When it involves the death of a loved one, filing a wrongful death claim may seem excessively tough to undergo but our firm at Joshua Goldberg Law will help guide you through with sensitivity and dedication.

It is our goal as personal injury lawyers specializing in these types of claims to ensure our clients can focus on their emotional recovery while we handle the legal complexities of fighting for the compensation they rightfully deserve.

Reach out to Joshua Goldberg Law to find out how you can file a wrongful death claim. We will review your unique circumstances with you and advise on how to move forward with regard to filing a claim for compensation.

Move forward with the right supports in place. Heal and recover while our team takes care of the legal work.

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What Our Clients Say

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I would like to thank my powerhouse team, Joshua Goldberg. One word WOW! Joshua is amazing! He showed me empathy and honesty. He pushed so that i could get an handsome tort settlement. Even when i honestly did not expected anything he made it happened. Joshua is out of this world!
Zeta Bernard11 Month, 2023

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Awesome team very supportive during my accident. Joshua Goldberg and his team are fabulous i would recommend them to anyone who needs a personal injury lawyer 👍
Nisha Rathod11 Month, 2023

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Josh Goldberg is an amazing lawyer who I would highly recommended to anyone who has been in a car accident . He was very helpful the entire time I’m happy i met him he is the best ! 🙂
Brie Smith11 Month, 2023

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My lawyer, Joshua Goldberg, who handled my car accident case was very professional. He explained everything clearly and made sure that we were on the same page throughout the process, all the way through to the satisfactory conclusion.
Reza Mir11 Month, 2023