The first thing that has to be taken under thorough consideration is the fact that negligently caused wrongful death has nothing to do with murder and the consequences that both acts cause are absolutely different. Wrongful death is a part of the civil legislation and an institute that is very important. Civil lawsuits are not about seeking incrimination and punishment for criminal activity – they are merely compensatory means which have the sole intention of repairing the damages which were caused by the negligent act. However, wrongful death is a bit more peculiar because there are a lot of specifications surrounding it.
Filing for compensation
It’s important to determine the parties which are capable of filing a compensatory claim when it comes to wrongful death lawsuits. Obviously, the victim has tragically passed away and he isn’t going to be able to do so. His own right to seek reparation has been deemed mute but it has passed to his blood relatives as per Part V of the Family Law Act of Ontario and they are the people who are capable of acting upon this particular claim.
However, one of the things that have to be taken into thorough consideration is how to prove cases of the kind. Keep in mind that wrongful death is caused negligently. Therefore, the claimant has to prove that there has been a duty of care. This particular duty requires the responsible party to have acted thoroughly as per the regulation set forth in the respective active legislation. The next thing that has to be done is to prove the breach of this particular duty. This is done by showing and displaying the actions of the responsible party that have breached the duty. The plaintiff’s lawyer in Burlington will be able to do the needful.
There are all sorts of evidence that could be used in this particular regard and the claimant isn’t limited or restricted in any way. Afterwards, the last thing that has to be duly proven to the court is the causation between the breach and the injury that caused the wrongful death. This is likely to be one of the most important things because if that causality link is broken then the case is going to lose grounds. That’s something that might get you no compensation at all and you must make sure that you have the relevant documents to link the death of the deceased with the negligent, duty-breaching actions of the repugnant.
As you can see, there are quite a few things that have to be thoroughly taken into consideration, if you are to win a wrongful death case. This is only logical, considering the gravity of the matter and how important the outcome is for both of the parties that take part in it. Your lawyer will be able to discuss the details of the case with you and provide you with pertinent legal advice.