The unexpected loss of a loved one can be a tragic experience. What’s worse is if the death was preventable. If your loved one died because of the negligence attributed to another party, you may be eligible to file a wrongful death claim to hold the party accountable. According to Section 222 of the Criminal Code of Canada, the act of causing the death of a human being, whether directly or indirectly and through any means, constitutes homicide. Homicide can be categorized as either culpable or not culpable.
Children, spouses, and parents are generally eligible to file for wrongful death settlements in Canada. A wrongful death lawyer can file and pursue the wrongful death claim on your behalf as you focus on mourning your unexpected loss.
The grief and pain surrounding the loss of a loved one caused by wrongful death can be overwhelming. Below are the primary do’s and don’ts to keep in mind to navigate the claim process smoothly.
Do’s Of Filing A Wrongful Death Claim
1. Gather Relevant Documents
Besides the emotional pain and suffering, the victim’s children, for instance, may experience the loss of key parental guidance and financial support. Ensure you gather relevant documents to prove it.
For wrongful death settlements in Canada, you must hire an experienced lawyer. Your wrongful death lawyer will help you gather supporting documentation for your claim.
Essential documents to gather before filing for a wrongful death settlement include:
- The victim’s medical records and death certificate
- Income tax records to prove lost wages, etc.
2. File a Claim if You Consider the Death Preventable
Common causes of wrongful deaths include but are not limited to:
- Medical malpractice–some medical procedures, if done wrongfully, can definitely kill
- Occupational exposure to unsafe working conditions
- Nursing home neglect
- Automobile/ road accidents.
These causes of wrongful death can be preventable. You can file a lawsuit if another person’s actions or omissions result in the death of your loved one.
3. Wait to Air Your Grievances in Court
Avoid lengthy in-person, phone, or email battles with medical personnel, insurance companies, or any other person possibly responsible for the victim’s wrongful death. Otherwise, you may jeopardize your case. Withhold the frustration until you can pursue the matter in court with the help of an experienced wrongful death lawyer.
4. Hire an Experienced Lawyer
The benefits of hiring an experienced lawyer for your wrongful death claim include the following:
- They have knowledge of the law
- An experienced lawyer can advise you on what steps to take
- They focus on the case while you focus on your mental healing process
- Lawyers are expert negotiators. While you can’t put a price on your loved one’s life, you certainly deserve justice. A lawyer can evaluate how much your claim is worth and pursue fair compensation.
5. Consider Opening a Probate Estate
You may need to open a probate estate before filing a wrongful death claim. An estate is often a requirement since any monetary compensation received in a wrongful death case must be paid into the deceased’s estate. Talk to your lawyer, and they will help you navigate the process.
Don’ts Of Filing A Wrongful Death Claim
Don’t Procrastinate Filing the Wrongful Death Suit
The statute of limitations to file a wrongful death suit in Edmonton, for instance, is two years from the wrongful death’s date. Avoid procrastinating your suit and reducing your likelihood of a successful claims process.
Don’t Openly Discuss the Situation on Social Media
Avoid sharing details of the death or case on social media since it may jeopardize your case. The at-fault party’s insurers may use your posts to twist and shift blame in their favour.
Don’t Handle Everything on Your Own
Loss and grief may affect your focus and judgment. You may hurt your chances of a fair settlement or hearing by taking on the case yourself. Hire a lawyer to take up the case on your behalf while you focus on grieving.
Don’t Try to Hide Your Pain in Court
Truthfully expressing your emotions of loss and grief may set the ball rolling for fair compensation of non-economic damages.
Don’t Neglect A Lawyer’s Experience
Handling a legally complex issue such as wrongful death requires legal experience and know-how. Ensure you work with a lawyer with a high success rate in getting wrongful death settlements in Canada.
Hire A Wrongful Death Lawyer
The best way to increase the possible outcome of a wrongful death suit is to work with an experienced lawyer. Contact a wrongful death lawyer to get started on your claim today.
