Dealing with the death of a loved one is undoubtedly difficult. If your family member has died as the result of an accident caused by a wrongful act, neglect or default, you may be entitled to damages through Ontario’s Family Law Act. In these instances, it’s important to have a lawyer in Barrie on your side that can help you navigate the legal terrain. At Littlejohn Barristers, we’ve been helping our clients get the compensation they deserve since 1996. In cases involving wrongful death, damages for the benefit of certain family members can be attained. For instance, if the deceased is survived by family members who relied on them financially, like a wife and children, a claim can be made for dependency. It can also help cover funeral expenses and other related costs. Bereavement damages can also be claimed by the spouse, partner, parent and children of the deceased. For more information about what our legal team can do for you, contact Littlejohn Barristers today.
Compassionate Lawyers in Barrie on Your Side
There are many types of circumstances in which a wrongful death claim can arise. Some of the most common incidents include car accidents, occupiers liability, homicide and product liability. When these fatal accidents occur, the families are often too distraught to understand or deal with the issues that are related to the legal claim for damages. At Littlejohn Barristers, our team of lawyers in Barrie will work directly with our clients to determine the viability of the case and the next steps. Generally, the Ontario Family Law Act requires a wrongful death case be commenced within two years of the date of death. That’s why it’s important to call the team at Littlejohn Barristers as soon as possible.
3 Common Questions about Wrongful Death Cases
If you and your family have been rocked by the death of a loved one, you likely have a lot of questions about how to proceed. At Littlejohn Barristers, we’re here to help you and your family in cases related to wrongful death. Here are a few questions we get from our clients:
Is there a time limit for a wrongful death claim?
Through the Ontario Family Law Act, a fatal accident claim generally must be commenced within two years of the date of death. There are some exceptions, like if the claimant is a minor, but typically failure to file within the limitation period can result in the claim being statute barred.
How is the dependency claim calculated?
Dependency claims are calculated by determining the amount of money that the deceased family member would have provided during their lifetime for their dependents. If the deceased family member had little-to-no income, it can be established that they would have had a reasonable chance of earning an income throughout their lifetime. In that instance, a claim for loss of dependency could still be made.
If the deceased was partially at fault, can I still make a claim?
For fatal accidents in which more than one person is at fault, an apportionment of blame based on comparative blame will be decided. After which, damages will be awarded accordingly.
For more information about wrongful death cases, contact Littlejohn Barristers today.
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For your convenience, we’re located just minutes from the County Courthouse. Call Littlejohn Barristers today at 705-725-7355 to find out how we can help you in your fight for justice. Our office is in Barrie, but our lawyers are proud to serve Midland, Collingwood, Orillia and surrounding Ontario areas.