Wrongful Death Lawyer in Brampton

Wrongful Death Lawyers in Brampton Helping Grieving Families Receive Compensation for Their Loss. Schedule Your Free Consultation Today.

Are you looking for a wrongful death lawyer in Brampton, ON? If you’ve lost a loved one due to someone else’s negligence, Chorney Sidhu Injury Lawyers can help. We understand how difficult this time is for you, and we’re here to guide you through the legal process.

No wrongful death case is too complex for our experienced team of lawyers. We offer free consultations, so don’t hesitate to contact us at (844) 487-8482. We’ll assess your case, discuss your options, and help you fight for justice.

What Is a Wrongful Death?

Wrongful death refers to the death of a person due to the negligent actions of another individual, organization, company, or government agency. As per the Family Law Act, certain family members of the deceased may file a claim for both economic and non-economic losses. Eligible family members include spouses, common law partners, children, parents, siblings and grandchildren.

Receiving compensation might feel like the least of your concerns after the death of a loved one, but the financial burden of funeral expenses, lost income, and other damages can quickly add up. A successful wrongful death claim can help ease this burden and provide much-needed financial stability during this difficult time.

What Are the Elements of a Wrongful Death Claim in Brampton?

As with all claims, the victims must prove their entitlement to compensation under the law. Every successful wrongful death case in Brampton has these four key elements:

  • The person filing the case has a relationship with the deceased as defined by the Family Law Act (spouses, siblings, parents, grandparents, children, and grandchildren).
  • The negligence of another caused the death of the individual.
  • The deceased individual would have likely filed a personal injury claim and recovered damages had they survived.

  • The family member suffered damages of their own as a result of the death.

If you don’t think you have a case, speak to one of our knowledgeable lawyers. We offer free consultations and will let you know if you have a potential claim.

What Are The Types Of Wrongful Death Cases In Brampton?

Wrongful death cases can have widely varying circumstances. Let’s go over the most common situations and what you can do if they apply to you.

Workplace Accidents

From construction workers to office employees, anyone can suffer a wrongful death in the workplace. If your loved one’s accident stems from employer negligence, you may be able to file a claim. Other liable parties in workplace wrongful death cases include equipment manufacturers, fellow employees, and safety inspectors.

Vehicle Accident

Car, truck, and motorcycle accidents are some of the most common causes of wrongful death in Brampton. If the other driver directly caused the incident, you may file a claim against their insurance company. Vehicle manufacturers, repair companies, and maintenance services can also become liable when the accident stems from defective vehicle parts.

Another case we often see is vehicle owners lending their cars to an unlicensed or inexperienced driver. If this is the case, you may be able to hold the owner liable for your loved one’s death.

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Premises Liability

Property owners have to keep their premises safe for visitors. When they fail in this duty, and someone dies as a result, the deceased’s family may file a claim against them.

Common causes of premises liability include poor lighting, defective stairs, unsecured pools, and unrestrained dogs. Other parties like security services, maintenance contractors, tenants, and social hosts can also become liable.

Government Liability

You can hold the government liable for certain wrongful death cases. For example, if a loved one dies due to road defects, you may be able to file a claim against the municipality. Other instances of government liability include accidents involving public transit, errors made by government-employed doctors, and injuries sustained on government property.

Product Liability

We all use products every day, from electronics to cosmetics. When they cause serious injuries or death, the victims and their families may have a case against the manufacturer, product designer, and distributor.

Some common product liability cases include defective car parts, contaminated food, and dangerous drugs. In these cases, it’s crucial to preserve the product for evidence. Don’t use or repair the item and keep it in its original packaging if applicable.

Medical Negligence

We put our lives in the hands of medical professionals every day, and we trust them to provide us with the best possible care. When they fail to meet this standard, and someone dies as a result, the family may have a case against the doctor, nurse, hospital, or other liable parties.

Common causes of wrongful death due to medical negligence include surgery errors, misdiagnosis, medication errors, lack of follow-ups after a procedure, and birth injuries.

What Compensation Can You Receive for Wrongful Death in Brampton?

The potential compensation in a wrongful death case depends on the specific details and damages suffered. We can break it down into three main categories:

Economic Damages

Economic damages are the financial losses the family suffers as a result of the death, including:

  • Loss of income provided by the deceased

  • The claimant’s lost earning capacity due to a loved one’s death (missed work to grieve, lost chance at promotion, etc.)

  • Loss of benefits like healthcare retirement

  • Loss of inheritance

  • Expenses incurred from medical treatments, caregiver services, and travel before death

  • Funeral and burial expenses

A wrongful death lawyer in Brampton can help you collect the necessary documentation to calculate these damages and build a strong case.

Non-Economic Damages

Non-economic damages are more difficult to quantify but just as important. This category includes intangible losses such as:

  • Loss of love, guidance, and companionship

  • Emotional pain and suffering

  • Mental anguish

  • Loss of consortium

Losing a loved one can profoundly impact the lives of surviving family members. At Chorney Sidhu Injury Lawyers, it’s our job to tell your story to the insurance company or jury and help them see the true value of your loss.

Punitive Damages

In some cases, the court may award punitive damages in addition to economic and non-economic damages. The primary purpose is to punish the defendant and deter others from similar behaviour.

Punitive damages are rare but may be appropriate when the defendant’s actions were particularly egregious or showed a blatant disregard for safety.

Special Benefits for Car Accident Cases

If your loved one died in a car accident, you might be able to fight for Statutory Accident Benefits (SABs) from their insurance company. This compensation works separately from any other damages you could receive in a civil wrongful death claim.

Death and funeral benefits include:

  • Spousal benefits. The surviving spouse may receive up to $25,000 (or $50,000 if they have optional coverage).

  • Dependant benefits. The deceased’s dependants may receive $10,000 (or $20,000 if they have optional coverage). If the deceased has no spouse, the dependants will receive $25,000 divided among them.

  • Funeral benefits. The grieving family may receive up to $6,000 for funeral expenses (or $8,000 with optional coverage).

Anyone can acquire SABs benefits regardless of who was at fault for the accident. Even with no negligent party, you may still receive them to help with the financial losses caused by the death.

With so many ways to receive compensation after the death of a loved one, it’s essential to have an experienced lawyer on your side. Chorney Sidhu Injury Lawyers has the knowledge and resources to fully investigate your claim and help you fight for maximum compensation.

What Documentation Do I Need for a Wrongful Death Claim in Brampton?

We understand that handling paperwork is the last thing you need after the death of a loved one. When you partner with our team of legal professionals, you can count on us to do the heavy lifting for you. Ideally, you need to have the following documents ready:

  • Death certificate

  • Birth certificate

  • Medical records for the past five years

  • The deceased’s tax returns for the past three years

  • Bills and receipts related to funeral expenses, medical treatments, etc.

  • Police report (if applicable)

  • Insurance policy information for both the deceased and any liable parties

  • Recent pension statements (if applicable)

  • Employment history and projected career path, as well as their potential earnings and retirement benefits

  • Automobile Insurance Certificate (if applicable)

  • An outline of the deceased’s household or childcare tasks

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Don’t worry if you don’t have all of these documents. We can help you track them down, apply for them, or work around them. The most important thing is to get started on your claim as soon as possible.

Wrongful Death Claims Limitation Period

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A limitation period dictates the amount of time you have to file a civil claim. The primary purpose is to resolve legal cases while the evidence and witnesses’ memories remain fresh. If you try to file a lawsuit outside this timeframe, the defendant can request its dismissal, and the court will likely approve.

The 2002 Limitations Act sets the general limitation period in Brampton at two years from the date of the death. However, this time limit can significantly shorten if you plan to file a claim against a municipality or public body. This is why it’s crucial to have an experienced lawyer on your side who knows the ins and outs of the law.

The statute of limitations can also extend past two years. If the deceased’s family is still a minor, the two-year limit won’t start until they turn 18. In other words, minors who lose a loved one have until their 20th birthday to file a claim.

FAQs About Wrongful Death Lawyer Brampton

The time it takes to process a wrongful death claim can vary depending on the case’s complexity and available evidence. Chorney Sidhu Injury Lawyers will work diligently to ensure that the process is as painless as possible for you.

We don’t advise accepting any initial offer without consulting a wrongful death lawyer in Brampton first. The insurance company’s goal is to settle the claim for as little money as possible, while our goal is to get you the highest compensation.

Chorney Sidhu Injury Lawyers operates on a contingency fee basis, which means that we do not charge our clients any upfront fees. We only receive a payment if we successfully recover compensation on your behalf.

The civil standard of proof—based on a balance of probabilities—is lower than the criminal standard of proof beyond a reasonable doubt. This is why it’s still possible to file a successful wrongful death claim even if the liable party doesn’t have a criminal conviction.

Settling your case out of court can save you time and money, but it’s not always in your best interest. Our experienced lawyers will help you determine whether settling or going to trial is the best option for your case.

What People Are Saying

Once I met with Savannah and her team I knew that she was the lawyer I wanted. I had confidence in Savannah and Melissa. I liked the way that she finished my case really well. Savannah and Melissa are good and kind lawyers. I was very comfortable with the staff, they understood me and helped me by answering my questions. All the staff were great and even with a language barrier they explained everything to me. I would definitely recommend Chorney Sidhu to all my friends and family.

I had a slip and fall accident and a relative referred me to Savannah Chorney.  I liked Savannah Chorney, Melissa Sidhu and their firm and team, the way they worked on my file.  They really looked after me and I would like to thank Savannah and Melissa for all they did for me.  They are very helpful, professional and whenever I talked to someone from their firm they were polite and went out of their way to help me.  I would definitely recommend them to any family or friends that needed a lawyer.

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How Can Our Brampton Wrongful Death Lawyers Help?

If you’ve lost a loved one due to someone else’s negligence, the last thing you want to worry about is whether or not you can afford a lawyer. We understand how difficult this time can be, which is why we offer free consultations and operate on a contingency fee basis. This means that you won’t have to pay us any upfront fees.

Our team strives to provide the highest level of customer service and will update you throughout every step of the process. We’ll handle all of the paperwork and contact insurance companies on your behalf so that you can focus on grieving and moving forward.

If you’re ready to reach out to a wrongful death lawyer in Brampton, contact us at (844) 487-8482 or fill out the form below. We’ll review your case and answer any questions you may have about the claims process.

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