Understand that Ontario has not given the right to make a wrongful death claim to every resident. The compensation owed to someone whose family member has experienced such a demise only goes to a spouse, children, parents, grandparents, grandchildren, or brothers and sisters.
What money gets granted to any of those relatives?
Any of the close relatives named above could get money to cover damages and lost income. In addition, each of them deserves to be compensated for funeral and burial expenses, plus the cost of travel to the bedside of the injured victim (before his or her passing) and compensation to any relative that provided nursing care.
At the same time, any of the loved ones that suffered a loss of companionship could seek further compensation. Moreover, if any of the grieving family members had to deal with their emotional distress by seeing a counselor that would count as a recoverable damage. Yet no money could be paid any of those that endure emotional distress, and do not seek a counselor’s help.
Who could be held responsible for the collision?
The truck’s driver could be held responsible. In addition, the company that had leased the truck could be held liable for the victim’s injuries. By the same token, those that had been in charge of maintaining that large carrier of cargo could get charged with liability for the collision. Finally, if one of the truck’s parts had malfunctioned, the part manufacturer could be saddled with a portion of the responsibility for the accident.
How a claimant could proceed with making a claim
The claim does not have to name all responsible parties. Still, each of those individuals should be notified, regarding the chance that the victim might want the contacted person or business held liable for the accident. Later, after the court has made a ruling, the one person or business that was named in the claim has a right to sue all the others that were at least partially responsible. Personal Injury Lawyer in St. Catharines can help the accident victims gain compensation.
This system saves the victim from having to deal with different insurance companies. Ideally, if the victim has become disabled, the insurer that has to pay the initial compensation will not fight any request for an extension of awarded long term disability benefits.
Still, it does make it harder to ascertain the start date of payments, if the victim wants to appeal the insurer’s decision. That fact has been mentioned, because insurance companies like to shorten the time in which a policy holder can file any considered appeal. Insurers find it easier to follow such a practice, if the policy holder feels uncertain, concerning the start date for the long term benefits.