It has recently been highlighted in the news that Meadow Walker, the sixteen year old daughter of the late Fast and Furious star Paul Walker, is filing a wrongful death suit against Porsche, the manufacturer of the car Walker was in when he died in a deadly crash. Walker’s lawyer alleges that the manufacturer took shortcuts with the required safety features of the vehicle, which contributed to the crash.

Death is a devastating and sometimes untimely loss suffered by people from all walks of life. Although one can never truly be prepared for the loss of a friend or loved one, it is an inevitable ending to the progression of life. However, despite its inevitability, the death of a loved one in an unexpected tragedy due to the negligence of someone else can be incredibly difficult to bear and may result in a wrongful death suit.

Wrongful death claims arise when a person loses their life as a result of the negligence of another party, be it another individual, a company, government agency, manufacturer, etc. Some of the most common causes of wrongful death suits include product liability, motor vehicle accidents and criminal acts.

Wrongful death civil suits in Ontario are governed by the Family Law Act and there are many facets to it, including certain procedures and rules that must be followed when filing the claim. First, a wrongful death claim should be filed by a representative of the surviving family, who are usually the people most directly impacted by the death of the family member. In many cases, this is done by the victim’s named executor or trustee. However it can also be done by a spouse or blood relative, such as any children, parents, grandparents, siblings, etc.

There is nothing that can undo a wrongful death;  a person’s life can never be restored. However the law provides a financial avenue for compensation to the loved ones of the victim and in certain cases, criminal penalties to the guilty party.

Financial compensation attempts to place a monetary value on the economic and emotional loss that is associated with the untimely passing of an individual. This usually covers funeral expenses incurred, lost wages that would have been earned by the deceased and loss of intangible responsibilities like companionship, guidance and care.

At Burn Tucker Lachaîne, our wrongful death lawyers understand the tumultuous effects that the death of a loved one can have on their survivors. It may be extremely difficult to think about the legalities and compensatory rights that may be applicable to your situation but you owe it to yourself and your family to have your case assessed. During this time, a person may not be aware of the economic cost of losing a loved one and our empathetic staff can ensure a confidential and professional assessment of your case, allowing you the time to grieve without fear of how your case is being handled or may be affected.  

Bradley Vokes suffered an incalculable and devastating loss when his wife and unborn child were killed in an automobile accident in Owen Sound, Ontario. Randall A. Palmer, running late for a date, was speeding in an uninsured vehicle when he collided with Michelle Vokes, who was nine months pregnant at the time, as she was leaving a shopping plaza. A jury found Randall Palmer completely at fault for the accident and awarded each of the victim’s two remaining children a little over one hundred thousand dollars and ninety thousand dollars to their father, Bradley Vokes.

However, because Randall Palmer was uninsured, Bradley Vokes’ insurer was responsible for covering the loss under the “uninsured driver coverage” allowance in his policy. His insurance company however appealed the jury decision, claiming that Michelle Vokes was also at fault for the accident so the amounts awarded to the surviving husband and children were excessive and should be reduced. The Ontario Court of Appeal dismissed the insurer’s appeal citing that the amounts awarded were not excessive.

Understanding any attempt to put a price on the loss of a loved one is incomprehensible to most. Ensuring that the negligent party is held responsible is one of the few ways that persons can attempt to rebuild their lives. During this time of loss, no one should be dealing with an insurance company’s attempt to dodge responsibility or minimize payouts to secure their profits.

At Burn Tucker Lachaîne, we have the experience and efficiency to handle your claim against an insurance company. Our French and English speaking wrongful death lawyers have represented numerous clients who have suffered this type of personal loss. We ensure that your rights are well represented and will fight tirelessly for you to receive full compensation for such an incalculable loss. If you or someone you know has suffered the loss of a loved one due to another party’s negligence, please do not hesitate to call or visit us today.

Enjoy this article? Don't forget to share.

Vous avez aimé cet article? N'oublie pas de partager.