As unfortunate as wrongful death cases might be, these are amongst the most challenging and without a doubt the most expensive in the field of personal injury law. Compensations for loss of companionship and the pain and suffering associated with that are amongst the highest to have ever been awarded. When you add up the regular medical bills and loss of income claims, the entire compensation usually gets through the roof. However, there are considerations that have to be accounted for.
Cause of death
Wrongful death cases are particularly difficult to lead for a variety of different reasons. The first thing that needs to be determined is the cause of death. In order for the claim to be subjected to personal injury law, a certain amount of negligence has to be established.
In order for this to be proven, you need to be able to determine that the liable party acted without taking the necessary care that a reasonable professional would have done in the same exact situation. This is definitely a lot easier said than done. For instance, if a doctor failed to determine the right diagnosis but he did everything by the book, this wouldn’t be counted as negligence and thus your wrongful death claim is definitely not going to receive the high compensation that you expect. However, if he knew that the diagnosis was wrong but carried out the treatment anyways or at least his assisting team knew, this could be constituted as negligence and experiences the full extent of the law.
Cannot File For Pain And Suffering
In any case, the damages which you would be able to claim also demand attention. For instance, filing for pain and suffering on behalf of the deceased is highly unethical and is therefore not allowed. The legal presumption is that damages of this kind are strictly personal and that they can’t be claimed by any third parties even in the case of wrongful death.
You can, however, claim pain and suffering on your personal behalf. These damages bare the name loss of companionship and they are particularly common. In fact, they are amongst the damages which are going to receive the highest compensation awards in cases of the kind. That’s why you have to make a strong case and ensure that you include them to get the maximum amount of compensation.
We understand that filing for a wrongful death case is definitely the most intimidating and hard thing to handle in the entire area of personal injury law. However, the sooner you are done with it the sooner you can move on through this terrible situation. Make sure to handle it as quickly as possible and get on with your life as it is. It is good to schedule a consultation with an eminent Ontario personal injury lawyer so that they can advise you or if you hire their services, they will represent your rights and help the family get compensated.