Toronto Wrongful Death Lawyers
Verkhovets Law, Toronto wrongful death lawyers, understand the sudden loss of a loved one – especially if someone else’s negligence causes it – is the worst tragedy that can happen to a family. For those left behind after a wrongful death, there’s a mountain of emotional damage: grief, shock, anger, anxiety, disbelief, fear. A doctor prescribed the wrong medication to your father. A drunk driver struck your wife. Your husband’s company didn’t get that heavy machinery fixed. All innocents, struck down too soon by someone else’s reckless behaviour.
The Toronto wrongful death lawyers at Verkhovets Law believe the party who caused the death by their conduct can, and should, be held responsible for leaving a family with heavy financial and emotional burdens through no fault of their own. A wrongful death claim will seek to rectify those losses, usually via the negligent entity’s insurance. No amount of money will bring your loved one back. But your life shouldn’t change because of what someone else does. Call or email us to file a wrongful death claim.
Why you should work with our Toronto wrongful death lawyers
Verkhovets Law, Toronto wrongful death lawyers, know that anytime someone is fatally injured because of the actions of another, the payment of damages can help the bereaved family by replacing the financial and emotional support the victim would have provided – especially while dealing with the terrible feelings associated with knowing the death didn’t have to happen. In other words, the death of a loved was entirely preventable.
The Toronto wrongful death lawyers at Verkhovets Law note in Ontario wrongful death lawsuits are a tort claim brought under the Family Law Act (FLA) against the individual, companies, doctors, governments, manufacturers – whoever was responsible for the death and their car, home, liability, medical malpractice and other kinds of insurance covers it. The Act sets out the guidelines for damages that arise from the breach of the duty of care by the liable party.
Verkhovets Law, Toronto wrongful death lawyers, explain that action must be filed within two years per the Limitations Act. It would seek compensation ranging from financial losses like medical and funeral expenses to other damages, including the loss of care, guidance, and companionship award, which has been boosted in Moore v. 7595611 Canada Corp.
Our Toronto wrongful death lawyers note in that case, the court upheld an unusually large jury award of $500,000 for this type of loss to a mother and father after their daughter died in a basement apartment fire with a blocked exit.
Her landlord was found to have fallen below the standard of care and found responsible. The average amount usually granted for these damages is $50,000, so the trend is going upwards.
Verkhovets Law, Toronto wrongful death lawyers have experience with wrongful death cases. For example, we know if your loved one suffered before they died, the executor can, under the Trustee Act, sue for the same compensation they would have received if they had survived, and the monies become part of the victim’s estate. Meanwhile, the survivors can seek compensation for the pain and suffering the deceased likely experienced.
When it comes to proving wrongful death, especially in negligence cases, it works just like a personal injury claim in that you must prove the other party owed the victim a duty of care and their failure in upholding it caused the death. Contact the Toronto wrongful death lawyers at Verkhovets Law for help.
Does that mean anyone in the family can sue the negligent party and get monetary compensation?
Yes, if by family you mean immediate, including:
Children
Grandparents and grandchildren
Spouse: defined as two people married to each other or having lived together for three years continuously. Or the natural or adoptive parent of a child.
Parents
Siblings
Contact the Toronto wrongful death lawyers at Verkhovets Law for help
Our Toronto wrongful death lawyers and the types of losses we handle
Verkhovets Law, Toronto wrongful death lawyers, know there’s no price you can put on the life of a loved one. But under Ontario law, the family of someone killed by another’s alleged wrongful act can receive damages for various losses to address long- and short-term financial needs for those left behind.
Our Toronto wrongful death lawyers explain for the civil lawsuit to succeed, it is necessary to show measurable damages to the surviving family members.
Further, the Toronto wrongful death lawyers at Verkhovets law explain that in the action, the family may pursue punitive damages if the behaviour of the person who caused the death is found to be contemptible. They can be applied in criminal or negligence matters.
Verkhovets Law, Toronto wrongful death lawyers can help you claim compensation in a wrongful death lawsuit for many common expenses and losses, including:
Decedent benefits
Funeral and burial costs
Future income
Future inheritance
Caregiving capacity
Pain and suffering of victim
Pension
Spousal companionship
Loss of
Household services
Income for the family
Medical costs (accrued prior to death)
Mental and emotional anguish
Nursing expenses
Survivors’ benefits
Travel expenses for family
Verkhovets Law, Toronto wrongful death lawyers, explain the legal terms
– The Toronto wrongful death lawyers at Verkhovets Law say the word pecuniary means “relating to money,” so pecuniary damages in a personal injury matter refer to those losses you can measure financially.
– Compensatory damages essentially refer to the actual losses suffered by survivors due to the wrongful death of the deceased. Our Toronto wrongful death lawyers note they’re the monies awarded to compensate for damages or other losses like injuries.
– Verkhovets Law, Toronto wrongful death lawyers, define the Doctrine of Spoliation holds the parties in a civil dispute to an obligation to preserve and produce evidence in a case. An individual involved in a wrongful death lawsuit cannot therefore “lose” or intentionally destroy or tamper with evidence under this doctrine.
Our Toronto wrongful death lawyers explain why payouts can get denied
The Toronto wrongful death lawyers at Verkhovets Law understand the death of a cherished family member due to negligent actions of another person is overwhelming and confusing. A wrongful death can occur due to different kinds of events – but there are commonalities at the root of these fatalities.
Verkhovets Law, Toronto wrongful death lawyers, note car accidents are the leading reason for wrongful death, although there are various reasons for the accidents including:
- Distracted driving: texting, checking devices, talking on the phone, eating, applying make-up
- Driving under the influence of alcohol or drugs
- Drowsy driving
- Ignoring needed vehicle repairs (i.e. a tire flying off a truck needlessly)
- Speeding
- Transport Canada reports in 2018 there were 1,922 motor vehicle fatalities, which was a 3.6 per cent hike over 2017. Seniors were the largest group with 430 who died.
The Toronto wrongful death lawyers at Verkhovets Law explain another common source of wrongful death suits is medical malpractice. To show malpractice, there must be evidence the doctor acted negligently, breached the duty of care which then caused the injury, and damages arose. Our Toronto wrongful death lawyers know when you go to a doctor you hope they won’t take risks like:
MEDICAL MALPRACTICE RISKS
Birth injuries
Failure to prescribe the proper medications
Inappropriate surgical procedures
Lack of follow up after procedures
Medication dosing errors
Misdiagnosis/Failure diagnosis of serious illness
Prescribing the wrong medications
Our Toronto wrongful death lawyers also handle product liability matters, which is another cause of wrongful death. There are three main ways these types of claims under this umbrella:
PRODUCT LIABILITY CLAIMS
Design defects: This arises when nobody made a mistake in the manufacturing or strayed from the design, but it’s the design itself that created a dangerous product.
Failure to warn: When a manufacturer doesn’t include instructions on how to use a product or warn consumers about its risks. This area is most prevalent with pharmaceuticals and household products.
Manufacturing: A defect in a product that arises due to how it was made.
Our Toronto wrongful death lawyers handle these types claims:
And our Toronto wrongful death lawyers will help you with these types of personal injuries:
Broken bones ·
Concussions ·
Internal injuries ·
Soft tissue injuries ·
Whiplash
Toronto wrongful death lawyers know how to determine a claim’s worth
The Toronto wrongful death lawyers at Verkhovets law stress that predicting the exact amount a wrongful death claim is worth at the outset is extremely difficult – the amounts vary due to the unique circumstances of every family. But with the consultation of a Toronto wrongful dealth lawyer and a careful review of the pertinent facts specific to your case, a range of compensation can be determined that best suits the needs of your loved ones.
Our Toronto wrongful death lawyers point out it’s vital to form the grounds of a wrongful death action that it’s proven there is a liable party; the fatal injury was due to their negligence or deliberate act, and the death has caused the family to sustain damages which usually fall into the compensatory category – actual damages suffered by the survivors by the death.
The damages are then drilled down further into non-economic (non-pecuniary) or financial (pecuniary) damages. When calculating the value of compensation your family deserves, Verkhovets Law, Toronto wrongful death lawyers, take into consideration several of the decedents’ personal factors:
PERSONAL FACTORS CONSIDERED
Health status
Home contribution
Future earnings potential
Life expectancy
The Toronto wrongful death lawyers at Verkhovets Law also take guidance from the wide-ranging caselaw in the determination of the proper compensation to seek because there is no cap for FLA damages.
CASE PRECEDENTS
Vokes v. Palmer (2012) — A woman nine months pregnant was killed in a car accident; her husband was awarded $342,000 in damages, including $135,000 for a younger child and $90,000 to the husband.
To v. Toronto Board of Education (2001) — Parents of a 14-year-old boy whose head was crushed when a net he was doing pull-ups on fell over in his high school were awarded $100,000 for loss of guidance, care, and companionship; his sister was awarded $25,000 on appeal.
Moore v. 7595611 Canada Corp — Upheld an unusually large jury award of $500,000 to a mother and father after their daughter died in a basement apartment fire with a blocked exit — the current leading case for this type of damages.
Contact our Toronto wrongful death lawyers today
Verkhovets Law, Toronto wrongful death lawyers, know that when someone you love has been taken from you because of someone else’s senseless negligence, it is normal to be confused and not know what to do after a wrongful death. Our team has the knowledge to handle this difficult process.
What our clients say
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I cannot recommend Kim Mohammed-Sieudhan enough! From start to finish, she was absolutely incredible in handling my case. She was professional, responsive, and truly went above and beyond to ensure I received the best possible outcome given my circumstances. What stood out the most was how dedicated and supportive she was throughout the entire process. She took the time to explain everything clearly, kept me updated, and made what could have been a very stressful situation feel manageable and smooth. Kim didn’t just settle my case she fought to maximize my outcome, even securing additional funds for me that I wasn’t expecting. That level of care and commitment is rare, and I am so grateful to have had her on my side. If you’re looking for someone who is knowledgeable, compassionate, and genuinely has your best interests at heart, I highly recommend asking for Kim Mohammed-Sieudhan. You will be in excellent hands! Thank you again, Kim, for everything you’ve done for me!
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I had a great experience with Verkhovets Law. The team was professional, knowledgeable, and very supportive throughout the entire process. They explained everything clearly and kept me informed at every step of my case. I really appreciated their responsiveness and dedication to getting the best possible outcome. I would highly recommend Verkhovets Law to anyone looking for a reliable personal injury lawyer
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We would like to sincerely thank our lawyer, Kim Mohammed-Sieudhan, for handling our case with great care and professionalism over the past year. She has always been kind, patient, and supportive, explaining every step clearly. In the end, we achieved a wonderful result. We truly appreciate all your hard work and highly recommend you to everyone.
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I had an amazing experience with Verkhovets law firm. John Johnson is a thorough professional, knowledgeable and well experienced lawyer. He handled my case very efficiently. With John's support, guidance and expertise i was able to find a reasonable resolution.
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Kim Mohammed & Cindy did an excellent job on my case. I am happy with my settlement! Thankyou :)
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Excellent service
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11/10 service! Very satisfied. Kim Mohammed is a very competent lawyer! Would recommend anyone and everyone to her!!!!
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Kim Mohammed-Sieu is very good patient i at her job i would recommend Verkovets law firm
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Great service
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