Avoid Settling Without a Family Law Attorney
Losing a loved one from negligence is devasting. Very rarely do families want to go through the process of a wrongful death lawsuit – or think of retrieving compensation to cover financial stressors like a funeral. At Zimmerman Law LLP, we help families through a great deal, from child support to protective orders.
Our clients often ask this question: How are wrongful death proceeds divided? While nothing can make up for the loss of a loved one, this is a critical question. Our wrongful death attorney will answer in the article below.
What Is a Wrongful Death Claim?
Wrongful death claims are a legal process in which surviving family members demand compensation from the at-fault party. In most cases, the defendant was negligent or engaged in reckless conduct with the intent to harm. These cases are common after a truck accident, slip and fall injury, medical malpractice, or severe workplace incident.
Depending on the nature of their death, a criminal case might be tried separately from our personal injury lawsuit. Criminal cases would promote jail time. Whereas personal injury lawsuits are structured to get you compensated directly for your losses.
Who Can File a Wrongful Death Lawsuit in Toronto?
Different states have varying statutes and laws. in Toronto, only surviving family members can file a wrongful death claim. That includes the surviving child(ren), spouse, or domestic partner. Those who were dependent on the deceased will be considered as well (ex. parents, stepchildren, children of the spouse).
To establish how much compensation will be granted requires assistance from a personal injury lawyer or family law attorney. We try to settle these cases out-of-court, as it permits a jury to decide how the money will get divided. That can cause additional strain during such a hard time.
When minors are involved, the court may appoint a guardian to represent the children’s best interests until the wrongful death settlement is complete. They will act as a safeguard and ensure the financial amount is fair.
Its Important Families Work Together
With wrongful death, some families can come together naturally to negotiate how a settlement will be divided equally. It allows for easier communication, negotiations, and honest discussions. There is also likely to be one lawyer involved instead of several.
When families are unable to see eye to eye, the situation becomes more complicated. When more than one lawsuit gets filed against the defendant for negligence from the same family, it can drastically delay court processing.
There’s a lot at stake. You can put your trust in us at Zimmerman Law LLP. We know what it takes to recover compensation while putting your family first to jumpstart the healing process.
About Zimmerman Law LLP
Zimmerman Law LLP is a law firm for family issues, like those surrounding marriage, divorce, and adoption. These are personal matters, so it’s natural to become emotionally invested in your civil lawsuit; our attorneys can handle the legal process to minimize any stress that you may feel. Our attorneys are experts in civil litigation, ensuring that your lawsuit brings you the most favorable results. Our attorneys can help litigate:
- Restraining orders
- Divorce
- Child support
- Child custody
- Property division
- Trust and probate litigation
Our attorneys can also help you pursue compensation if you were in an accident and need to sue for damages. If you suffered a car wreck, bike accident, or were hit by a car as a pedestrian, we can get your personal injury lawsuit started. Our offices are located across greater Ontario, so accessibility shouldn’t be a problem. We’re also offering virtual services due to COVID-19. To see our full list of contact options, click here.