What Does It Take to Build a Wrongful Death Case?
While the matter may or may not be pursued as a criminal case, close relatives have the option of filing a civil claim of wrongful death. When considering the particulars of the situation, a Toronto wrongful death lawyer will look closely at several elements. Here are some factors a lawyer examine closely and take into account before recommending a course of action to the client.
The Matter of Duty
Duty, in legal terms, refers to some type of expressed or implied responsibility that the suspect has in regard to the person who has passed. For example, any individual who chooses to operate a motor vehicle has taken on the duty of driving safely.
The same is true for any medical professional working in a doctor’s office, nursing home, or hospital. The duty of that person is to use their knowledge and experience to the best of his or her ability to help patients recover.
Once the matter of duty is established, it is easier to relate it to the circumstances surrounding the death and move on to the next aspect of the case.
After wrongful death lawyers establish the matter of duty, the next step is to take a close look at how that duty was honored. In the case of the motorist, was the individual observing the rules of the road and driving carefully? At the hospital, did the medical staff ensure the patient was properly medicated, checked on a recurring basis, and in general had a level of care that is considered reasonable? If the answers to any of these questions is no, then a wrongful death claim could include a charge of negligence.
The Actual Cause of Death
Even if negligence is obvious, there is still the matter of identifying how that neglect contributed to the death. Would your loved one have passed away even if the motorist was not completely attentive? Was the cause of death due to administering the incorrect dosage of a medication or the failure to respond quickly when the patient went into cardiac arrest? Confirming that the actions, or lack thereof associated with the responsible party caused the death to take place, is a key factor in building any potential case.
When there is a clear case of wrongful death and a lawyer pursues compensation or damages, there is the need to be clear on what sort of financial hardship has taken place. This includes the loss of income to the household because of the death. There’s also the matter of the money that must be paid out of pocket for medical procedures, funeral arrangements, and the loss of future income needed to support a spouse and minor children. Wrongful death lawyers in Toronto understand what sort of damages can be sought and will be sure to include them in the details of the complaint.
If a loved one has passed away and you have reason to believe a person or an institution is responsible, now is the time to call David Di Lella at 416 800 8839. This is a sensitive subject and you deserve to know your options in a manner that respects the process you and your loved ones are experiencing.