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How do I know if someone is legally liable for my spouse’s death?

by | Saturday, September 19, 2015

It is tragic to lose a loved one to someone else’s negligence. There is no dollar amount sufficient to cover the loss of their presence in your life, but filing a wrongful death lawsuit can help you recoup the financial losses that their death causes.

Wrongful death litigation can arise from many different types of incidents, including:

  • Car wrecks
  • Boating deaths
  • Fatal dog bites
  • Defective products
  • Injuries on others’ premises

The lost wages the person contributed to his or her family’s household income can be sought in a subsequent claim for damages.

If the victim suffered for some time before his or her death, even if the suffering was for a very short duration, it may also be possible to seek additional damages for pain and suffering in your claim. In especially egregious circumstances, even traditionally conservative Canadian courts may consider awarding punitive damages as well.

Canada’s Supreme Court ruled in 1995 in Hill v. Church of Scientology of Toronto that punitive damages can be awarded when “the defendant’s misconduct is so malicious, oppressive and high-handed that it offends the court’s sense of decency.” Punitive damages are used in cases where the existing damage’s award does not deter and punish the individual or entity sufficiently for their breach.

Damages from a car wreck can be limited by each province’s laws and the no-fault insurance policies that are in place. To learn what is possible to claim and what is not usually requires the legal services of an experienced personal injury lawyer who can advise surviving family members on the merits of their case.

Source:, “What types of injuries can I sue for?,” accessed Sep. 11, 2015

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Sam M
Sam M
16:11 19 Jan 18
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.
linda frausell
linda frausell
01:21 16 May 17
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .
frank slaunwhite
frank slaunwhite
16:29 03 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach. Thanks
Missy Day
Missy Day
12:03 06 Oct 16
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!
Nicholas Gordon
Nicholas Gordon
11:30 06 Oct 16
I contacted Wagners about a motor vehicle accident. I was able to speak with someone right away. The staff were very pleasant and helpful. I received a response about pursuing a case the next day. I would highly recommend this firm.
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