Fatal Injuries and Wrongful Death Cases

Fatal injuries resulting from accidents are devastating events that can profoundly impact families. In Canada, wrongful death cases arise when a person’s death is caused by the negligent or intentional actions of another party. These cases involve seeking justice and compensation for the surviving family members who have suffered the loss of their loved one.

In the aftermath of a fatal accident, family members left behind face not only the emotional devastation but also the practical and legal challenges that follow. They may need to deal with insurance forms, legal issues, and other financial obligations. This is where experienced personal injury lawyers specializing in wrongful death cases can provide crucial support.

Wrongful death settlements can offer coverage for a variety of damages and expenses, including funeral expenses, loss of financial support, loss of companionship, and emotional distress. Eligibility for compensation under Ontario’s Family Law Act extends to spouses (common law or otherwise), children, grandchildren, parents, grandparents, and siblings of the deceased person, regardless of financial dependency.  In some circumstances, family members may also be able to advance their own claims for compensation for mental shock.

At McNally Gervan, our team of experienced lawyers understands the complexities of wrongful death suits. We are dedicated to investigating the circumstances surrounding the accident, determining liability, and protecting the rights of surviving family members. Our goal is to ensure that grieving families can focus on healing and emotional recovery while we handle the legal complexities and fight for the financial compensation they deserve.

Common Causes of Fatal Accidents

Fatal accidents can occur due to a variety of circumstances and factors, resulting in profound loss and devastation. Understanding the common causes of these accidents can help raise awareness and promote preventive measures to reduce their occurrence.

1. Traffic Accidents: Car and motorcycle accidents remain a leading cause of fatal injuries in Canada. Factors such as speeding, distracted driving, impaired driving, and failure to follow traffic laws contribute to these tragic incidents.
2. Falls: Falls are another significant cause of fatal accidents, especially among the elderly. Slip-and-fall accidents can occur on slippery surfaces, uneven walkways, or due to inadequate safety measures in public places or private properties.
3. Occupational Hazards: Workplace accidents, especially in high-risk industries like construction, manufacturing, and transportation, can result in fatal injuries. Lack of proper safety protocols, equipment malfunction, and human error can contribute to these accidents.
4. Drowning: Canada’s vast water bodies and recreational activities increase the risk of drowning accidents. Insufficient supervision, lack of swimming skills, and boating accidents are common factors leading to tragic outcomes.
5. Fires and Burns: Fires caused by electrical faults, cooking accidents, or negligence can result in fatal injuries. Lack of fire safety measures, inadequate escape routes, or faulty smoke alarms can exacerbate the severity of these incidents.
6. Medical Negligence: Medical errors or negligence can lead to fatal consequences. Misdiagnosis, medication errors, surgical mistakes, or inadequate patient care can contribute to wrongful deaths in healthcare settings.

Understanding these common causes of fatal accidents is crucial in promoting safety awareness and implementing preventive measures. At McNally Gervan, we advocate for victims and their families by seeking justice and compensation in cases where negligence or wrongful actions have caused the loss of a loved one.