Injury Lawyers Since 1984
Call Us 1-844-837-6583
Call Us 1-844-837-6583
With over four decades of trial experience in wrongful death litigation, Boland Romaine’s wrongful death lawyers understand how impactful injuries can be on one’s livelihood as well as what type of treatment needs best to assist one’s recovery. We leverage our extensive trial experience to obtain a fair settlement for the injured. Here is how Boland Romaine can help.
The loss of a loved one is an incredibly painful experience, but when that death is caused by someone else’s negligence or misconduct, the grief is compounded by the knowledge that it could have been prevented. In Toronto, families who experience such tragic losses can pursue justice through a wrongful death claim. A wrongful death lawyer helps surviving family members seek compensation for the financial and emotional losses that arise from the untimely death of their loved one.
Trial experience settles cases fairly, and trial experience will protect the injured if negotiations break down. A lawyer for the injured needs the fortitude to say “no” to unreasonable offers and the commitment and skill to take the injured person’s case to trial.
For more than four decades, our trusted Toronto personal Injury lawyers have won millions of dollars in compensation for clients to recover the cost of medical bills and lost wages as well as damages for both pain and suffering. The firm was founded on a set of core values that we still strive to live by every day; namely, integrity, excellence and professionalism. These values remain as important to us now as when we began.
Being injured in an accident of any kind is a traumatic experience and can be devastating for both the injured person and their loved ones. It is essential to have a strong support system as the stress of dealing with the aftermath of a serious accident can quickly become unbearable.
Knowing the importance of trial experience is important. Many personal injury lawyers imply that they have it when they don’t. They may state that they “appear” at various court levels, but that doesn’t mean they went to trial. Not all cases go trial, but if you are offered a low settlement it is always important to have the option of having a lawyer that can protect your rights until the finish line.
Wrongful death occurs when an individual dies due to the negligence, recklessness, or intentional misconduct of another person or entity. In Ontario, wrongful death claims are governed by the Family Law Act. This law allows certain family members to seek compensation for their losses, which may include funeral expenses, loss of income, and emotional suffering.
Common causes of wrongful death include:
We have the experience necessary to provide clients with outstanding legal guidance in the aftermath of a fatal accident resulting from negligence or error. Our lawyers have been providing skilled representation to clients in the traumatic aftermath of losing a loved one for over 40 years. We work to ensure each client receives the full compensation to which they are entitled.
Review our trial report card featured on the menu bar to learn more. To succeed in a wrongful death claim, our lawyer will demonstrate that the death was the direct result of the defendant’s actions or negligence and that the surviving family members have suffered losses as a result.
Sometimes this is a straightforward matter, such as in a tragic accident, and other times it can be very complex. By example, we have successfully resolved cases where the family member was seriously injured, did make a return to work, but several years following the accident took his own life. The enquiry turned to whether it was the accident or life stressors unrelated to the accident that caused the major depression, and ultimately the suicide.
If the accident was unrelated, then the family’s claim would have been significantly reduced to the losses sustained during the few years the plaintiff survived past the accident; on the other hand, if the suicide was an extension of the dispair caused by the accident, then the family’s claim would extend to their losses sustained over what was the deceased’s normal life expectancy.
Such cases require an in-depth understanding of the person’s life from as many sources as possible, including friends, co-workers, family members, treatment providers, and psychiatric experts.
Even if causation is established, we must still prove that the act of the other party was negligent, that their conduct fell below the legal standard. Like causation, this is sometimes straightforward and many times not. It is common for the defendant to deny responsibility. One of the unique challenges in handling a fatality case is the absence of evidence of the deceased.
How the accident came to pass is typically narrated by the defendant, who has a competing interest. In these types of cases, we double our efforts to locate witnesses, scour nearby properties for surveillance footage, interview police officers, and we often rely heavily on the physical evidence at the scene and forensic engineers to reconstruct the collision. Throughout our web page, we have touted our trial results as a demonstration of our expertise in handling complicated legal issues, our commitment, and the time and resources we devote to proving a case.
Situations vary but typically a surviving spouse’s claim is for 60% of the anticipated lifetime lost net income. Accountants must also determine pension losses. Children are compensated typically to the age they would have finished schooling and receive in the range of 5% – 8% of the deceased parent’s net income for that time period.
Eligible family members typically include spouses, children, parents, grandparents, and siblings of the deceased. The Act recognizes the profound impact of losing a loved one and provides a legal framework for seeking compensation for both financial and emotional losses.
There are different types of compensation (damages) awarded when one loses a loved one. including:
This is given to the family member in recognition of the loss of care, guidance, and companionship that the individual once offered.
This compensates a family member, spouse, or child for the loss of income the deceased would have contributed, taking into account the earnings they were expected to generate in the future.
This compensates for the contributions the deceased would have continued to provide to the family, such as household tasks, handyman services, cooking, cleaning, childcare, elder care, and other essential support.
This is given to individuals experiencing profound grief due to the loss of a loved one, impacting their ability to work or significantly reducing their work capacity.
The time limit on filing a wrongful death action is two years from the date of the person’s death. This is called a limitation period.
Insurance companies are often involved in wrongful death claims, especially in cases of motor vehicle accidents, workplace accidents. Unfortunately, they also often attempt to minimize payouts or deny claims altogether. A wrongful death claims lawyer in Toronto will advocate for the family’s rights by negotiating with the insurance company and ensuring that they receive fair compensation for their loss.
The lawyer’s experience in dealing with insurance adjusters is critical to countering lowball offers and ensuring that the full scope of the family’s financial and emotional losses is considered in any settlement negotiations.
If a fair settlement cannot be reached through negotiation, our wrongful death lawyer will proceed by filing a lawsuit on behalf of the family. In Ontario, wrongful death claims must generally be filed within two years of the date of death, although there are exceptions in certain cases. A Experienced wrongful death lawyer will ensure that all necessary legal documents are filed on time and that the case is prepared for court.
During the trial, the lawyer will present evidence, cross-examine witnesses, and make legal arguments to demonstrate that the defendant was responsible for the death. In complex cases, expert witnesses may be called to testify about medical conditions, accident dynamics, or other factors relevant to the case.
Hiring a wrongful death lawyer in Toronto is crucial when dealing with the loss of a loved one due to another party’s negligence or misconduct. These cases can be legally complex and emotionally overwhelming, making professional legal representation essential. A wrongful death lawyer provides expertise in navigating the legal system, ensuring you understand your rights and obligations under Ontario law.
A lawyer will handle critical tasks such as investigating the incident, gathering evidence, identifying liable parties, and calculating the full extent of damages, including funeral expenses, loss of income, emotional suffering, and loss of companionship. They will also manage negotiations with insurance companies and opposing counsel, who may try to minimize compensation or deny liability.
In cases involving municipal or corporate defendants, strict deadlines and procedural requirements can complicate the process. A wrongful death lawyer ensures compliance with these timelines, such as notifying municipalities within 10 days when applicable.
Additionally, a lawyer offers emotional relief by managing the legal aspects of your case, allowing you to focus on healing and supporting your family. Their experience in negotiating settlements or representing clients in court can significantly improve your chances of receiving fair compensation.
Ultimately, a wrongful death lawyer in Toronto acts as a trusted advocate, protecting your interests and ensuring justice for your loved one.
When other personal injury lawyers choose the easiest path and settle, we stay the course and fight for what your case is truly worth based on the injuries and losses you have suffered.
The courts recognize that no amount of money can ever compensate a family member for an untimely death. At the same time, it would be offensive for a family to lose a loved one and for the courts to overlook one of the most profound losses of a person’s life. In practice, the amount of money awarded under this category is best described as a meaningful amount of money, but not compensation. It does nothing to compensate a family for their loss.
Knowing the importance of trial experience is important. Many personal injury lawyers imply that they have it when they don’t. They may state that they “appear” at various court levels, but that doesn’t mean they went to trial. They may say they “fight” or that they are “tough,” but if they have never gone to trial for their clients in the past.
Boland Romaine lawyers offer legal services in Toronto and throughout Ontario, Brampton, Milton, Etobicoke, Markham, Richmond Hill, Scarborough, Mississauga, Ottawa, Vaughan and Hamilton.
Gather the Evidence Make an Informed Decision
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If you or a loved one has suffered a serious injury due to someone else’s negligence, you may be able to advance a claim for personal injury. The facts and circumstances of each case are unique, as well as the legal elements required to be satisfied. Consulting an experienced personal injury lawyer to discuss your case and provide advice on whether you have a case is the next step.
If your LTD claim has been denied, a disability lawyer can help by:
Don’t speak to the adjuster from the insurance company.
When you consult with us, we will advise you as to your rights and options and we will help you understand your insurance policy and its terms. You may have different options available to you such as suing the other driver or you may be eligible for income replacement benefits and short-term disability.
we don’t require much information at our initial consultation, other than your memory of when, where, and how the accident happened; what injuries you’ve sustained and how it’s affected you.
Each personal injury case is unique, which is what constitutes the long durations until a settlement is achieved. Several factors go towards determining a fair value for your case. That includes, but is not limited to, the severity of the injury, the medication and treatment required for recovery, physical and mental therapy for further rehabilitation, compensation for pain and suffering, expenses required to maintain a living across a period when you are unable to return to regular activities, etc
The most important thing to do after an incident resulting in a personal injury is to focus on recovery. The next step is to start doing research for a personal injury lawyer that is right for you. Look for information regarding their qualifications, experience, and reputation among their peers.
Also consider these critical steps after an injury after seeking medical help.
In most cases, you have 2 two years from the date of the incident to file a lawsuit. This is called the limitation period. If you were injured while you were a minor, you have two years from the date you turn 18 to file a lawsuit or two years from the date a litigation guardian is appointed on behalf of the minor. In certain circumstances, this general limitation period of 2 two years from the date of the incident does not apply. The period may be longer, or it may be shorter. For this reason, it is important to contact a personal injury lawyer as soon as possible to start the process of filing your lawsuit.
Our Wrongful death lawyers know exactly how to build a strong case and will help guide you through the process. We will advise you on the most relevant evidence to include in order to show how your injury has affected your life.
Building a strong case means we will:
A Boland Romaine wrongful death lawyer will plan out your case using all the information available and present it in the best way possible. This gives you peace of mind throughout the process that you will have the best chance at receiving fair compensation.
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