Hamilton Wrongful Death Lawyer: Fatal Motorcycle Accidents

Hamilton Motorcycle Lawyers – Serving Downed Riders throughout Ontario since 2003. No Fees Unless We Win.

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If your loved one has been killed in a motorcycle accident, you will no doubt have many questions that remain unanswered. Although any death of a close loved one can be emotionally devastating, unexpected deaths can elicit especially strong emotional responses since there is less time to prepare for and adapt to the death. Losing a loved one unexpectedly is no doubt one of the worst traumatic experiences that one can suffer – and is often associated with the onset of major stress, anxiety, depression, panic episodes, sadness, post-traumatic stress disorder, substance abuse and prolonged grief.

When the unthinkable happens – we’re in your corner.

Having represented the families of motorcycle accident victims since 2003, we understand the loss and hardships that you and your family are currently facing and may potentially face in the future. Nothing can turn back time and bring your loved one back; however, if somebody was at fault and caused the motorcycle accident that has taken your loved one, filing a wrongful death claim can be your family’s best option to obtain justice and compensation that you need to protect your future.

There are so many things to think about after the unexpected passing of your loved one – from funeral expenses to paying bills to managing the estate and financial disruption. If your loved one has died in a motorcycle accident, fill in a contact form or call us today at 905-333-8888 to discuss your options. We have been representing the families of motorcycle accident victims since 2003.

What can you claim in a motorcycle accident-related wrongful death suit?

If your loved one was either the breadwinner or a contributor to shared family expenses, the surviving family members may have financial struggles ahead. You may have many questions, such as –  how will I pay the mortgage? How will I pay for kid’s activities? How will I pay for the funeral? How do I obtain justice and punish the driver that caused my loved one’s death?

When you file a wrongful death suit in Ontario, you can claim economic and non-economic damages.

• Non-Economic Damages: from a non-economic damages perspective, family members, including spouses, children, grandchildren, parents, grandparents, brothers and sisters of the motorcycle accident victim, can be awarded damages pursuant to a wrongful death claim under the Family Law Act. This compensation is called the “loss of care guidance and companionship.” The loss is evaluated and assessed as a loss of the care, guidance and companionship from the deceased to his or her family members. This type of award in Ontario is typically quite conventional and is approached by our courts on a case-by-case basis.
• Economic damages: economic damages are damages that can be evaluated and calculated rather than assessed in comparison to other cases.
• Shared Family Income: spouses of loved ones are entitled to claim future loss of shared family income. This is the loss that the survivors experience due to the loss of the victim’s contribution to the net family income over their lives. There could be numerous aspects to evaluating this loss, especially if surviving kids are involved.  We need to bring the deceased future loss of income back to life in some manner. The deceased’s projected future income needs to be evaluated and projected – and to do this, we often hire vocational experts to determine your loved one’s career direction and what he or she may have earned throughout his or her life. The economic loss of children in relation to the dependency of a lost parent is more easily calculated. Certain assumptions will always be made that address what a dependent may have been entitled to until 18.
• Housekeeping Services: Where appropriate, a court may award economic damages for past and future loss of housekeeping services. This is the value of household or handyman services that your loved one would have contributed to the home before his or her death.
• Loss of income for survivors:  You, as the surviving spouse, may have a direct loss of income as a result of the terrible grief you may be experiencing. Oftentimes, unexpected deaths that occur in motorcycle accidents cause surviving spouses to suffer psychological damage that can be temporary or long-term and cause them to be off work.
• Loss of Benefits:  Did your loved one have benefits at work before he or she died? In some cases, a person’s death may end medical, dental and drug coverage benefits for survivors. These benefits could be claimed without any dependency reductions.
• Childcare services: child care may also be claimed in certain circumstances. Children can be compensated for the value of the loss of childcare services that would have been provided by the deceased had he or she survived. These awards are not dependent upon the likelihood of replacement costs being incurred. Instead, the award is an attempt to monetize the value of the deceased contribution to the household. Determining how much time your spouse spends with the family is important.
• Future Care: In certain circumstances, future care may be claimed. The premise may be that the loss of a child, depending on the family’s social, economic, and religious background, may create a loss if it was expected that the child would provide assistance to his or her elderly parents in their later years. The issue of care given to an elderly parent is very real and can be associated with cultural, ethnic, and societal elements.
• Loss of Inheritance: There may be a loss of inheritance claim to be made. Children may be able to show that if not for their parents’ premature death, they would have built up a larger estate, which would have been available to the beneficiaries, and therefore, the beneficiaries would have been deprived of the benefit of this increase in the estate.
• Management Fees: Management fees may be claimed for lump sum awards for future economic losses.

The above is not an exhaustive list of what may be claimed in a wrongful death lawsuit. Each claim depends on the facts and circumstances surrounding the deceased and his or her family.

Common causes of motorcycle accident deaths in Canada:

Common causes of motor accidents causing death in Canada include:

Motorists not paying attention – Despite dramatic national and provincial campaigns against distracted driving, countless motorcycle accident-related deaths are often caused by drivers not paying attention. Some of the ways that distracted driving puts the lives of motorcycle riders in danger include:

• texting and driving
• talking on the phone
• eating
• drinking
• grooming
• adjusting the radio or playing with the entertainment unit in a vehicle
• adjusting climate control
• using a navigation system
• smoking
• talking to other passengers

Many of these types of distracted driving issues are very dangerous because they involve a combination of manual, visual and cognitive distractions.

Rear-end collisions – many motorcycle accident-related deaths involve riders being hit from behind.

Left-hand turns – driving straight through a four-way intersection is the most dangerous situation for motorcycle drivers. Cars turning left led to many, if not most, motorcycle accident-related deaths in Ontario. Left-hand turn accidents happen when motorcycles driving through an intersection are not noticed or recognized by motorists making left-hand turns. A driver turning left at a green light must wait until all oncoming traffic is gone or far enough away to allow for a safe and complete turn.

Road hazards and dangerous conditions – accidents can happen if construction companies or municipalities leave debris on the road after repairs. Potholes, crumbling pavement, and damaged roadways can increase a motorcycle rider’s chance of losing control—and even his or her life.

Impaired driving – alcohol affects a motorist’s ability to pay attention and see smaller vehicles and motorcycles properly, reduces reaction times, causes drivers to be overconfident and increases the risk of being involved in an accident.

Motorist misjudging speeds – because motorcyclists are smaller in size than the average vehicle, and can travel much faster, they are therefore less likely to be seen, particularly at certain speeds. Many motorcycle accidents are caused by motorists failing to predict the proper presence of motorcycle riders in their vicinity due to the misjudgment of their speed.

Our Hamilton wrongful death lawyers understand your grief.

Coping with the unexpected loss of a loved one, particularly if it is caused by a terrible accident, no doubt causes intense emotional and disruptive life upheaval for surviving family members. We understand that although discussing a wrongful death claim can be very difficult and perhaps not at the top of your priority list during this emotionally devastating time – it is important to get a wrongful death lawyer involved in the case as early as possible.

We understand your grief and work behind the scenes while taking over all communication with insurance companies related to your case so you don’t have to.

It’s important that we move quickly to preserve evidence, obtain witness statements, ensure proper notice is given to all negligent drivers involved, work with accident reconstructionists, determine all possible claims to be made in the case, and ensure your financial future and the financial future of your family is protected.

We understand that even simple decisions can feel overwhelming or impossible during this time – but please feel assured knowing that your Lalande Personal Injury Lawyer can handle all necessary matters for you and your family. While no amount of money can make up for your loss, we will fight to obtain the most compensation we can to assist you with your expenses and financial losses resulting from your loved one’s passing.

Contact our wrongful death motorcycle accident lawyers today.

At Lalande Personal Injury Lawyers, we take pride in being trusted Hamilton personal injury lawyers since 2003. Over the years, we’ve helped our clients recover more than $45 Million in settlements and verdicts in personal injury, disability, and employment law cases. Whether you’re dealing with a life-changing injury, a denied disability claim, wrongful death, a hurt child or employment termination, we are here to provide compassionate and experienced legal representation. If you believe you have a case, call us today—we’re ready to help you secure the compensation you deserve.

Call Lalande Personal Injury Lawyers today, no matter where you are in Ontario at 905-333-8888 for your free consultation. Alternatively, you can contact us online, confidentially, by filling out a contact form.