As unfortunate as it may be, wrongful death cases are quite common. They are brought up against a person who has caused the death of a person through negligence or on purpose. The main designation of the claim is to enable the estate of the deceased to go ahead and claim responsibility against the one who is actually liable for the death.
A claim of the kind is applicable when a victim, is killed as a consequence of negligence or of an intentional harm. The victim might have had the option of filing a personal injury claim, but died due to injuries. Thus, his rights will be upheld and the claim will be filed by next of kin. There are quite a lot of occasions in which this hypothesis can manifest. Some of the most common ones include:
· When the victim dies pursuant to medical malpractice.
· When the victim has been involved in a car accident fatality.
Of course, there are other situations which might trigger the wrongful death claim and some of them are based on intentional acts.
What Has To Be Proven?
Now, there are a few things that need to be taken into account and the subject of proving is without a doubt one of the most important. In order for the court to hold the defendant responsible in a claim of the kind, the plaintiff has to meet the exact same burden of proof as if the victim went on to live. Using the necessary evidence and in case of negligence, the plaintiff needs to prove that the defendant owned a particular duty of care which was breached effectively. Furthermore this particular breach needs to be the proximal cause for the accident or the death itself.
Who Can File A Claim?
Now, the claim of the kind is usually filed by someone who is a representative of the deceased’s estate. In the province of Ontario, under the Family Act, a spouse as well as direct relatives is entitled to file this claim.
Keep in mind that this is a particularly heavy and difficult to go through. That’s why you will most certainly need the professional assistance of a lawyer. What is more, you might want to hire a reliable and experienced one who has dealt with cases of the kind in advance and has an established reputation. This is going to ensure that the claim is being dealt with accordingly and as per the highest legal standards. There is plenty of proving to be done and you need to account for a wide range of different things. That’s why you need to prepare everything that you have in relation to the deceased’s case in advance. Most people are unable to take on the burden of legal trials and negotiations on their own and that is why seeking the assistance of an expert injury lawyer right from the start.