Corner Brook Wrongful Death Lawyers

Understanding Your Rights After a Wrongful Death

Losing a loved one unexpectedly is devastating, especially when their death was a result of someone else’s careless or wrongful actions. In Newfoundland and Labrador, as well as other parts of Canada, this is known as wrongful death.

The law allows for certain family members to take legal action against the person or organization responsible. A wrongful death claim can help hold the at-fault party accountable for their actions and provide compensation for the financial and emotional impact of your loss–though of course there is no monetary value that can truly compensate for the loss of a loved one.

Only specific people are able to file a wrongful death claim. Under Newfoundland and Labrador’s Fatal Accidents Act, this includes spouses, common law partners, parents, grandparents, children, or grandchildren, but not siblings. Often, it is the legal representative as the executor of the deceased’s estate who has the legal right to pursue a wrongful death claim on behalf of the family.

If you have lost a loved one in a situation that may involve negligence or misconduct, it’s important to speak with a wrongful death lawyer to understand your legal options. You may have the right to pursue compensation and secure justice for your family.

Types of Accidents That May Lead to Wrongful Death

Unfortunately, fatal accidents happen with surprising frequency. Wrongful death claims can arise from a wide range of fatal incidents, often sharing a common thread: negligence, recklessness, or failure to ensure safety. Some of the most common types of accidents that may give rise to a wrongful death lawsuit in Corner Brook can include:

Vehicle and Workplace Incidents

Car accidents are one of the leading causes of wrongful death, particularly when the result of impaired, distracted, or speeding drivers.
Construction accidents may be a result of the construction site’s failure to follow safety protocols, improper use or maintenance of heavy machinery, or objects falling from a high height.
Workplace accidents due to inadequate safety training, unsafe operations by other workers, or equipment malfunctions, especially when using older equipment, can also lead to tragic outcomes.

In these cases, wrongful death claims often involve an investigation into who was responsible. Situation depending, this could be another driver, an employer, a subcontractor, or a third party. Proving liability is key to holding the correct party accountable and securing fair compensation for the family left behind.

Medical and Institutional Negligence

Medical malpractice such as when a patient dies after being misdiagnosed or receiving delayed treatment, a fatal medication error occurring due to hospital oversight, or surgical mistakes that led to preventable complications and death.

Nursing home abuse or neglect, including if a vulnerable resident suffers a fatal fall due to inadequate supervision, or physical abuse or neglect that contributes to a rapid decline in health, such as with those who were suffering from malnutrition, dehydration, or untreated infections.

We trust healthcare providers and institutions to care for our loved ones. When that trust is broken, and a doctor, hospital, or long-term care facility fails to meet the standard of care, it can lead to a heartbreaking tragedy that gives rise to a wrongful death claim.

Product and Fire-Related Fatalities

Defective products such as malfunctioning vehicles, unsafe appliances, or dangerous medications can result in fatal injury. If the product was poorly designed, improperly manufactured, or lacked adequate warnings, the manufacturer or distributor may be held liable under product liability laws.
Fires may be residential, industrial, or vehicle-related, and may cause death due to faulty wiring, unsafe building materials, or negligent maintenance. Proving negligence in these scenarios often requires a detailed investigation and evidence showing how and why the event occurred, as well as if it could have been avoided.

Filing a Wrongful Death Claim in Corner Brook

Taking legal action after the loss of a loved one is never easy, but for many families it is a necessary step towards finding answers, accountability, and support for the future. If you’re considering filing a wrongful death claim in Corner Brook, it is essential that you understand how the process works and how the right legal team can guide you every step of the way.

How to Start a Lawsuit

Speaking with an experienced wrongful death attorney who understands the legal process and the emotional tolls that it can take is recommended. Your lawyer can help investigate what happened, determine who may be legally responsible, and ensure that your case is filed properly with the court within the limitation periods.

Every case is unique and your legal team will be sure to tailor their approach to the specific circumstances of your loved one’s death. A typical wrongful death case may include the following phases:

Initial consultation and case review;
Investigation and gathering of evidence (police reports, medical records, witness statements, expert opinions);
Identifying liable parties (individuals, businesses, institutions);
Filing the lawsuit and managing legal deadlines;
Negotiation with insurers or opposing counsel;
Settlement discussions or trial preparation; and
Resolution through either a negotiated settlement or court decision.

Building a Strong Legal Team

Working with a dedicated legal team can make a meaningful difference in not just the outcome of your case, but in how supported you feel along the way.

An experienced wrongful death lawyer will ensure that you don’t have to go through this process alone. They will handle the legal burdens so that you’re able to focus on grieving, healing, and being with your family.

Who Can Sue for Wrongful Death

Under the Fatal Accidents Act, the following people may be eligible to file a wrongful death lawsuit in Newfoundland and Labrador:

The surviving spouse, including common-law partners who meet the province’s legal definition, typically has the primary right to file a claim.
Children of the deceased, including step-children, may also be entitled to file or be included in a claim.
Parents of the deceased, including step-parents, if there are no surviving spouses or children, may bring a claim or seek damages.
The representative of the estate in most cases is responsible for filing the wrongful death claim on behalf of all eligible beneficiaries.

Damages and Compensation in Wrongful Death Cases

In a wrongful death lawsuit, the court may award damages based on the specific losses that the surviving family has suffered. These types of damages awarded typically fall into two categories, economic and non-economic.

Economic damages are tangible financial losses related to the death, such as:

Medical expenses incurred before your loved one’s passing.
Funeral and burial expenses.
Loss of income that the deceased would have contributed to the household or family over time.
Loss of services, like caregiving, household support, or childcare that your loved one provided for the family.

Non-economic damages are more personal and emotional losses, including:

Pain and suffering experienced by the surviving family members.
Loss of care, guidance, and companionship, particularly for children and spouses.
Any emotional distress resulting from the death.

Navigating Legal Challenges in Wrongful Death Lawsuits

Proving Negligence and Liability

At the heart of any wrongful death claim is the need to prove that someone else’s negligence caused your loved one’s death. This means showing that:

The party responsible owed your loved one a duty of care;

That duty was breached through careless or reckless actions;

That breach directly caused the fatal incident; and

The surviving family has suffered measurable losses or damages as a result.

Proving liability can be especially difficult when insurance companies are involved. Often, these companies try to minimize payouts with strategies including blaming the deceased for their own death, arguing that the cause of death was unrelated, or questioning whether the family’s losses are properly quantified.

Statute of Limitations

In Corner Brook, like all of Newfoundland and Labrador, there is a strict time limit on filing a wrongful death lawsuit. This is known as the statute of limitations, and generally means that the family has two years from the date of death to begin legal action. This right to sue can be permanently extinguished if the deadline is missed.

Delays in pursuing a claim can make it more difficult to gather evidence, locate witnesses, or obtain other essential pieces needed to build a strong case of negligence and liability. Building a case takes time and effort, so it is always safest to speak with a lawyer as early as possible to avoid missing critical timelines or being turned away from insufficient time remaining.

The Role of Civil Court

Should a wrongful death case not settle through negotiations, it can proceed to civil court where a judge will evaluate the facts, determine liability, and decide on how much compensation will be awarded.

In a civil lawsuit, both sides present their evidence, call experts if needed, and argue their position. The court then assesses whether the defendant was legally at-fault, and if so, assigns fair compensation to the surviving family members.

Why Hire a Corner Brook Wrongful Death Lawyer

Trying to handle a legal case on your own off the back of a devastating loss can add unnecessary stress and emotional weight to an already difficult situation. Hiring a wrongful death lawyer can be extremely valuable for a variety of reasons:

Local experience matters → hiring a wrongful death lawyer local to Corner Brook means that you have access to not only their legal knowledge, but also their insight to local court procedures, judges, insurers, and regional nuances that can impact your case. When working with a local law firm, communication is easier, service is more personal, and there is a more genuine connection to the specific needs of your family.
Free consultation and case evaluation → allows for you to speak with an experienced legal professional without any obligation or associated cost. During this meeting, we’ll explain your options, answer any questions you may have, and help you understand what the next steps should be.
Guidance and support → having an expert law firm in your corner also means having a trusted legal team that will guide you through the process with compassion and respect.

Speak with Corner Brook Wrongful Death Lawyers Today

At NOVA Injury Law, our Corner Brook Wrongful Death Lawyers are here to listen, provide answers, and help your family take the next step toward justice. Taking early legal action is important to preserve evidence and protect your rights, but also to give your family the space that they deserve to focus on healing. Speaking with a legal representative as soon as possible can make all the difference.

Contact the team at NOVA Injury Law today at (709) 499-4050 to book your free consultation or case evaluation. We approach every wrongful death case with compassion, determination, and respect. We know how much is at stake and we want to help you stand strong in your pursuit of justice for your lost loved one.