Compensation for Wrongful Death

July 29, 2016 Published by
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Have you experienced the tragedy of losing a family member due to personal injury or medical malpractice? It is impossible to value the loss of a life, but in Manitoba, compensation is available in such circumstances.

Apart from death due to a motor vehicle accident or workplace injury, the provisions of The Fatal Accidents Act of Manitoba apply. Awards up to $30,000.00 each are available to eligible family members for loss of guidance, care, and companionship. Funeral expenses are also claimable. A loss of support or income of the deceased to the surviving family can also form part of the damages sought in the lawsuit.

A lawsuit must be filed with the Manitoba Courts within two years from the date of death.

If death was caused due to medical malpractice, it must still be established that there was a breach in the standard of care of the physician or medical service provider. Importantly, a Court will also have to conclude that, but for the breach, the person would not have died. If the family member passed away due to causes unrelated to the alleged breach in the standard of care, the lawsuit would not be successful. An autopsy of the deceased can often determine this issue, although some cases can still be proven in the absence of an autopsy.

While statutory compensation in wrongful death cases may never be sufficient to quantify the loss of life, families may gain a sense of closure by having a lawyer investigate and pursue a wrongful death claim on their behalf. If you believe you may have a case requiring compensation for wrongful death, please call to discuss the situation with one of our medical malpractice lawyers.

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