Newfoundland Injury Law Blog

Titanic and Injury Claims

Finding the Right Lawyer for Your Personal Injury Case

Moose population out of control (Part 2)

Darlene Russell to Staff New Ches Crosbie Barristers Office in Bay Roberts

The Fight for Access to Justice

Dog Bite Epidemic: Do I have a claim?

When Hiring a Lawyer ... Credibility is King

Arrive Alive: Impaired Driving--Not Just for Drinkers

Tips for Safety Around Dogs

Death of a Hunter: Compensation Available?

The Telegram says 'yes' to piece on no-fault insurance

Last week I published a blog pointing out that among the other ways in which outgoing Premier Danny Williams has given Newfoundlanders and Labradorians pride in their independence, was the fact that he said ‘no' to no-fault insurance.  The Telegram newspaper picked up on the blog and gave me a call for an interview.  I am pleased that the Telegram ran the following piece in their Saturday edition, because it should never be forgotten that the insurance companies will seize any opportunity to argue for measures that cut back on the rights of injury victims.  Danny Williams resisted this lobby several years ago, but a new government may not be as smart and as determined.  As an American politician once said, "no person is safe while the legislature is in session!"

Williams praised for saying ‘no' to no-fault insurance

St. John's lawyer credits former premier for not caving in to pressure

By Deana Stokes Sullivan

The Telegram

Saturday, December 4, 2010

When Danny Williams announced his decision to step down as premier and retire from politics, it prompted many of his supporters to recount some of the positive things he achieved during his tenure.

Besides leading the province towards greater economic independence and fighting to defend the resource rights of Newfoundlanders, says St. John's lawyer Ches Crosbie, Williams also deserves praise for resisting pressure from insurance companies to reform automobile insurance and apply thresholds to injury claims.

"He's given us a pride in our own independence and our ability to make our own future," Crosbie said Thursday.  And, it wasn't a small thing, he said, for Williams to resist pressure from those big companies, while the governments of Alberta, New Brunswick, Nova Scotia and Prince Edward Island in the 2002-04 period, "caved in to insurance industry propaganda and adopted threshold, no-fault auto insurance."

Crosbie said threshold, no-fault insurance excludes large numbers of accident and injury victims from compensation for pain and suffering on the theory that reduced costs are passed on to consumers through lower premiums.  He said the victims affected are often people with soft tissue injuries and, in some cases, fractures, but they can't make claims.

"The industry was trying to get all the Atlantic provinces to follow that same pattern, and that's what we didn't follow here," Crosbie said.  "Although there were some changes made, there were relatively minor changes."

A $2,500 deductible was applied to injury claims in this province, he said, but in the "grand scheme of things that's not terribly significant when you compare it to thresholds that limit claims".  Newfoundland and British Columbia are the only provinces that still have vigorous tort-based or fault-based compensation systems, Crosbie said.

There's also "pure no-fault insurance", which is similar to workers' compensation, he said, where fault doesn't come into it at all, but the no-fault, threshold systems make it difficult to make a claim.

Crosbie said provinces that went with these no-fault, threshold systems have found the insurance companies haven't passed on the savings to the consumers. 

"The truth is, it doesn't happen," he said.  "The insurance companies take any savings for themselves."

Crosbie said lawyer Barry Mason is quoted in Lawyer's Weekly saying the industry in Nova Scotia made an extra $250 million from 2003-07 as a result of threshold, no-fault changes that were enacted in that province.

"Now, the government there is backtracking on that.  They're not going all the way back to the way things were, but they're making significant changes to pull some of the teeth of the no-fault system that was put in place," Crosbie said.

"Danny was an astute enough politician, and had enough guts, to take a calculated risk that public opinion was with him if he said ‘no' to no-fault, and he did," Crosbie comments in a blog on his law firm's website, www.chescrosbie.com.

Williams officially left office Friday, with Kathy Dunderdale being sworn in as the new premier. 

Crosbie said it's always possible that insurance companies will lobby the province again for legislative changes, but these things tend to move in cycles and the last push for change occurred after the 2001 terrorist attacks in the United States.

"If you go back to September 2001, that caused a big tightening in insurance markets around the world, and that filtered down to all manner of insurance - and typically the industry uses a market tightening cycle to argue that too many people are claiming bogus injuries and ... to propagandize in favour of measures that cut back on the rights of injury victims," Crosbie said.

What Can I Do If I Think My Lawyer Is Charging Too Much?

The Shocking Truth About Wrongful Death - Part 15

Conclusion

This book was written with the goal of providing useful information for people considering a wrongful death claim.  In our office, we believe knowledge is power, and we hope that our book gave you the power to make some informed decisions.

Wrongful death litigation can be long and complicated, which is why we've advised that you consult with a lawyer whose practice focuses on personal injury claims.  Ask if the lawyer's office has experience handling wrongful death claims because these cases often are more nuanced and complicated than normal personal injury claims.

If you think we can help you with your case, please call us at 709-579-4000 or toll free 800-579-3262.  A receptionist will gather some information and connect you with a lawyer.  Calls that come into our office after hours are forwarded to a lawyer.  You can learn more about our firm by visiting our popular website at www.ChesCrosbie.com.

We'll schedule a free meeting with you at our office in St. John's or at your home.  At the meeting, we'll give you our professional opinion about whether or not we can help you.  If we do accept your case, you can be assured that we'll work hard to get the best result for you and your family.

The Shocking Truth About Wrongful Death - Part 14

Your Lawyer Doesn't Get Paid Unless You Do

Most of us don't have to hire lawyers very many times in our lives, so there's an understandable apprehension.  One source of anxiety is the fear that hiring a lawyer will cost too much money.  In a wrongful death case though, that shouldn't be a concern.  The vast majority of lawyers handling cases like these will work on a contingent fee basis.  That means that the lawyer's fee is covered through the settlement proceeds or court judgment.

The benefit of this type of arrangement is that the client doesn't have to pay the lawyer a big retainer up front, and in cases of need, the lawyer will cover the numerous expenses involved in a wrongful death case.  Litigating cases is an expensive endeavor.  Most people would never be able to come up with enough money to pay a lawyer by the hour for these time-consuming cases, let alone cover the big-ticket items such as payments to medical experts and the creation of complicated exhibits.  Under a contingency fee agreement, family members who lost a loved one don't have to be rich to get their day in court.  The contingency agreement provides access to justice - the keys to the court house.

The lawyer takes on considerable risk with this arrangement.  If the case has flaws that cause it to get dismissed before trial or the claims can't be proven in court, the lawyer doesn't get paid.  That's why most lawyers will be careful about what cases they decide to take on.  That's good for everyone.  The lawyer doesn't want to waste time, energy, and money on a weak claim.  And prospective clients don't want to get their hopes up when there may not be a case.

In most situations, the lawyer's fee will be 25-33.3 percent of the gross settlement or court award.  In some situations, the lawyer may set the contingent fee at 40 percent if the case is difficult and may have to go to trial, to cover the additional time, expense and risk required to take a case that far.  The likely size of the money damages is also a factor in setting a fair contingency fee.  In the event of a settlement or court award, the case expenses are taken from the client's portion of the recovery.

If the client has a concern about the reasonableness of a fee agreement, she has the right to have it reviewed by a court officer.

When you meet with a lawyer, you will have to sign a contract that specifies how the lawyer will be compensated and how the expenses will be paid.  Make sure that the contingency fee arrangement is clearly spelled out.  If you don't feel comfortable with the contract, don't sign it.  If you have questions, make sure you get answers before you sign the document.

The Shocking Truth About Wrongful Death - Part 13

9 Ways a Lawyer Can Help Your Case

Lawyers with experience handling wrongful death cases can help maximize your recovery by making key decisions at the right time in the case.  Each case is different, but we've assembled a list of 9 issues that may make a difference for your case.

1.  Hire a lawyer to start investigating as soon as possible. 

The earlier your find a lawyer, the better.  The investigation into the facts of the case could be crucial to your claim.  Witnesses need to be found and sworn statements may need to be taken.  Police officers may need to be interviewed, photos of the scene need to be made, and crucial evidence needs to be preserved.

Sometimes the lawyer can conduct the investigation.  Sometimes a qualified investigator must be hired for a proper investigation.

2.  Accident Reconstruction.

An accident reconstructionist uses math and physics to determine the cause of an accident.  In a disputed liability situation, both sides often use a reconstructionist to try to prove their cases.  The qualifications of these experts vary from individuals with high school degrees and continuing education classes to professors who teach at universities.

The lawyer's experience and connections can find the right expert for your case.

3.  Find all the defendants.

One of the jobs of the lawyer is to maximize financial recovery for the client.  In order to do that, the lawyer needs to find all the potential individuals or businesses responsible for causing the death.  Sometimes this is easy and obvious.  If a defendant ran a red light and caused the death, it's pretty clear who will be the target of the lawsuit.  But if the driver was on the job at the time, it may be difficult to determine the business for whom the driver worked.  That's crucial information because under the doctrine of vicarious liability, the employer may be liable for the accident.

4.  Find the right experts.

Experts can make or break your case.  Experts are witnesses with a specialized knowledge base whose testimony is necessary to prove a case.  Examples include economists, grief counselors, psychologists, accident reconstructionists, medical examiners, doctors, scientists, and engineers.

In our office, we have many ways to find the right experts.  We belong to regional, national and international plaintiff organizations that have databases of various experts.  Those organizations also have information available on the experts who tend to testify mostly for the defence.  We also have a network of fellow plaintiff lawyers that we consult with on a regular basis to find the best experts.

5.  Find the insurance coverage.

Insurance coverage is essential to getting the best recovery possible in most cases.  Sometimes defendants do not have enough money or assets to adequately compensate the family members of someone killed as the result of negligence.

In an "over limits" claims, our lawyers demand to see certified copies of insurance policies and signed affidavits verifying the basic insurance policy limits and that the defendant does not have an "umbrella policy", which covers claims that exceed a basic insurance policy.

6.  Document economic loss.

Families can suffer a huge economic loss when a loved one dies.  In order to prove the amount of that loss, our office hires an actuary or economist.  Many such experts are university professors who look at the decedent's income level, the income they would have earned had they lived, prior tax returns, and other economic data to determine the value of the economic loss caused by the death.

In addition to having excellent academic credentials and real-world experience, an economist or actuary must also be a superb communicator with the court.

7.  Psychological injuries.

The death of a loved one is usually devastating, especially when the cause is someone else's negligence.  The loss typically causes psychological injury to the survivors.  Depression, post-traumatic stress disorder, and anxiety are the most common results.  The report of a highly qualified clinical psychologist can help document these very real psychological injuries, which can be presented to the defendant and the court.  This will become more important as the wrongful death laws are changed to give scope for psychological injury claims.

8.  Grief counseling.

The grief counselor can document loss and help the survivors deal with the tragic situation.  The grieving process is an expected part of the wrongful death of a loved one with various stages the family needs to work through with the help of the counselor.  The lawyer can help the family locate trained professionals who can best deal with these issues.  Again, this will become more relevant to the claims process as the laws change.

9.  Demonstrate the relationship.

 The Fatal Accidents Act is designed to benefit the survivors of the person who died as a result of the conduct of a negligent party.  The more survivors who depended on the loved one for companionship, guidance, and income, the greater the potential value of the case.

You and your lawyer should work as a team to develop the best strategy for your family's case.

The Shocking Truth About Wrongful Death - Part 12

Seek Legal Help

In a routine personal injury claim, sometimes it's possible to proceed without a lawyer, even though it's usually unwise.  People shouldn't even think about trying to handle a wrongful death claim on their own.  These cases generally are far too complicated and technical for most people to tackle by themselves.

For instance, wrongful death claims need to be made through the administrator or executor of an estate.  That means an estate has to be opened through the probate court, which requires an understanding of that legal process.  The lawyer handling your wrongful death claim will do that for you or will consult with a probate lawyer to get it done.  The estate will remain open until the claim resolves.

Sometimes these already complicated cases get trickier because the person who caused the decedent's death also dies in the incident.  In that case, the claim is made against the wrongdoer's estate.  If no one opens that estate, your lawyer will have to open it if you plan to go after estate assets.  Again, that's a technical process that a layperson shouldn't try to handle.

As we discussed earlier, your lawyer has to show the decedent's death was caused by negligent or other wrongful conduct.  On top of that, the lawyer must prove the various elements of the beneficiaries' claims for damages.  The issues involved are complicated even for lawyers who operate in this world every day.

Seek a lawyer who focuses his or her practice on personal injury claims and who has experience working on wrongful death cases.  Lawyers in this field understand the issues the insurance industry and defence lawyers will raise to defeat your claim, and will have the knowledge and experience to fight for your rights.

Your lawyer will have a few options when trying to resolve your case.  Some lawyers file a lawsuit immediately, which has the benefit of putting you quickly on a trial track.  The other path the lawyer might take is negotiating with the insurance adjuster to resolve the case without having to file a lawsuit.  It all depends on the circumstances.

Lawsuits are time-consuming, expensive, and unpredictable.  The benefit of settling a claim with the adjuster is that the client gets compensated sooner and has a certain outcome.  We file suits quickly if the adjuster makes an unfair offer that we know isn't going to get any better or if the two-year statute of limitations is about to expire.

Sometimes going to trial becomes the only option.  When you're looking for a lawyer, make sure you hire someone who is willing to try cases if necessary.  It can take a long time to get to trial, but it may offer your best chance of getting fair compensation for your wrongful death claim.  If you have to go to trial, be prepared for a long wait.  It's not unusual for a trial date to be set years after the claim is filed in court, and trial dates often get postponed.

The Shocking Truth About Wrongful Death - Part 11

Wrongful Death Standards

As mentioned earlier in this book, wrongful death cases are brought because of another party's negligence or wrongful conduct.  It might be helpful to understand a little bit about those concepts.

Just because someone dies doesn't mean a wrongful death case can be justified.  For example, if Bill trips in a grocery store over cans stacked in an aisle, causing him to hit his head and die, there won't be a case.  Under Newfoundland and Labrador law, those cans would be deemed an open and obvious hazard that Bill should have seen, so the store wouldn't be negligent.

If, however, a grocery store employee spilled some clear, liquid soap on an aisle and left it there for hours without cleaning it up or posting a warning sign, and Bill took the same fateful tumble, the store would be negligent.

The point is that a person or entity who causes the death has to be deemed negligent, or at fault, under the law.  Someone is at fault when it is his responsibility to act or behave in a certain way, but fails to, which causes injury or death.  There's a lot of nuance to negligence law, but that's a boiled down version of the concept.  Negligence law essentially asks, what would be reasonable behavior for someone in the shoes of the defendant in all the circumstances, including the risk to the safety of others.

So, one basis for a wrongful death claim is to prove negligence.  The other way is to prove wrongful conduct such as an intentional act that resulted in a death.  For example, if Frank punched Jack without provocation, causing Jack to fall down, hit his head and die, Frank could be sued for causing Jack's death.  In that case, Jack's estate would have to prove that Frank's intentional and wrongful conduct caused Jack's death.

Bringing a civil suit for wrongful death would be appropriate in both of the above examples, assuming there are assets such as insurance which can pay damages.  Winning a lawsuit probably would seem like a hollow victory compared to the loss suffered, but the court system is purposely set up to allow us to work out our differences with other parties in a civil, organized way.

The insurance industry would like to paint everyone who files a lawsuit as a money grubber.  That's ridiculous and it's shameful.  People shouldn't be made to feel guilty for pursuing legitimate claims, especially when a person was killed as the result of negligent conduct.  Family members deserve to be compensated for the mental anguish and loss of financial support they experience due to the wrongful death of a loved one.  You have nothing to be ashamed of when you look out for the best interests of yourself and your family.

The Shocking Truth About Wrongful Death - Part 10

Changes to the Wrongful Death Laws: Amount of Awards

Our legislature changed the wrongful death laws in 2010 to provide for compensation for loss of care, guidance and companionship.  A case decided in New Brunswick by the Federal Court of Canada illustrates the benefit of the new law.

Federal legislation, like Newfoundland and Labrador legislation now, permits family member claims for loss of care, guidance and companionship in wrongful death cases.  The case of Wilcox v. Miss Megan (The), decided in 2008, helps to understand these awards.  The decedent had been working on board a fishing vessel when it foundered and he was drowned.  He was 63 years old at the date of death, and was a husband, father, and brother of two siblings.  The awards for loss of guidance, care and companionship made by the Federal Court were:

- wife............................................................. $75,000

- disabled daughter......................................... 75,000

- adult daughter.............................................. 25,000

- adult son....................................................... 25,000

- brother.......................................................... 15,000

- sister.............................................................. 15,000

Total............................................................ $230,000

So you see that these new awards can be substantial.  But remember that courts assess intangible, non-pecuniary losses such as loss of care, guidance and companionship, by looking at the nature of the relationships involved in the case, on a customized basis.  No two cases are exactly the same.  And remember as well, that courts in our province are conservative.

Although court assessments are customized to the case, conventional awards and guidelines do emerge.  For example, in an Ontario case involving immigrant family members who were very close, the Court of Appeal assessed the value of a deceased 14-year-old's close relationship with his sister at $25,000.  The loss of relationship suffered by the boy's parents was assessed by a jury at trial at $100,000 to each parent.  Although the Court of Appeal felt this to be on the high side, it was not so high as to justify interference.  But remember that an award of $100,000 to a relationship claimant is thought by many to be the rough upper limit to awards of this kind.  It is the exceptional case. 

In 2002, the Alberta legislature set the amount payable for grief and loss of guidance, care and companionship at $45,000 for each child on wrongful death of a parent, and $75,000 on wrongful death of a spouse.  These are legislated, defined amounts and the awards are automatic and without any court assessment needed.   Perhaps these amounts represent a rough consensus of amounts which Canadian society considers to be reasonable compensation for intangible, non-pecuniary losses which cannot be measured in money terms.  The spousal compensation under the Alberta legislation happens to be the same as was awarded on a case-by-case approach in the Wilcox case in New Brunswick I discussed above.  Saskatchewan and Manitoba have legislated awards for amounts payable for loss of guidance, care and companionship which are lower and, as I said before, our courts are conservative and the cases I have just discussed involve best case scenarios.  But the important point is there is potential for significant awards - no longer must lawyers tell grieving loved ones that a legal claim makes no sense because their child or their elderly parent was "worth nothing" in the eyes of the law.

The Shocking Truth About Wrongful Death - Part 9

Damages Available to Beneficiaries

Though it is little consolation to people who have lost a loved one, the way our court system compensates the beneficiaries of a decedent is by awarding money.  Damages - the term used to refer to the various reasons for which financial compensation can be awarded - are available to the estate for the losses of the decedent and to the beneficiaries.

The estate of the decedent can be compensated for the funeral expenses of the deceased, and for pecuniary losses such as loss of earning capacity.  Pecuniary losses can be accurately measured in money terms; non-pecuniary losses such as pain and suffering are intangible and cannot be measured in money terms.  Under our laws, the estate cannot claim for the pain and suffering the deceased experienced as a result of the accident or wrongdoing.  But with the recent amendment to the Fatal Accidents Act, close family members of the deceased can now claim for loss of care, guidance and companionship they have suffered.  As I explained already, the legislature has reformed the law as a result of the Breast Cancer Testing case in which I was involved.

Under Newfoundland and Labrador law, the following damages are available to the beneficiaries:

Out-of-pocket expenses - These are expenses caused by the injury and death and include the reasonable costs of funeral and burial.

Loss of support - This refers to the lost earning capacity of the decedent had he or she not died.  The factors taken into consideration for loss of support would be the salary at the time of the decedent's death as well as the amount of money the decedent reasonably could have been expected to earn in the future had the death not occurred.  Charts called "life tables" are used to calculate how long the decedent would have been expected to live based on such factors as age at the time of death, gender, and race.

Loss of services - Damages for loss of services are available to beneficiaries.  It's a sort of vague claim, but essentially the law allows beneficiaries to collect compensation for services the decedent provided the beneficiaries.  For example, assume Betty was killed as the result of someone's negligence.  If Betty provided daycare for her daughter Leslie's children, Leslie could seek compensation for the money it cost her to secure daycare.  That's not to say that the estate must show all the claimed lost services are attached to a specific dollar amount.  The judge can determine a dollar figure for each lost service.

Loss of society and mental anguish - Under this category, beneficiaries can seek financial compensation for such things as grief and the loss of companionship, care, assistance, protection, advice, guidance, and education provided by the decedent.  Obviously, it is difficult to put a dollar figure on these types of damages because they're not easily quantifiable.  For instance, you can't look in a book to find a figure that would fairly compensate a wife deprived of decades of a future with her deceased husband.  That's the job of your lawyer - to place a dollar amount on the loss of a decedent's society and to justify that amount with a reasoned argument to a judge.  Though it's not readily quantifiable, it's certainly a huge and legitimate loss to the beneficiaries - a loss for which modern systems of justice agree they ought to be compensated.  The problem was that no court in Newfoundland and Labrador had said the law requires that these types of losses be compensated.  Now the legislature has reformed the law.  In the meantime, there is room to make these claims in wrongful death cases before 2010, even though not recognized by our statute law, and settle them on a compromise basis.

The changes to the law of wrongful death made by the legislature in 2010 deserve more explanation.  That's what we'll look at in the next section.

The Shocking Truth About Wrongful Death - Part 8

Relatives Are Beneficiaries

Under the law, wrongful death suits are brought in the name of the executor of the decedent's estate in the name of various beneficiaries.  A beneficiary is someone who is entitled to financial compensation should the case be proven.

In Newfoundland and Labrador, the beneficiaries are relatives of the decedents, such as the decedent's surviving spouse, children, parents, and siblings. 

The court determines how a settlement or award is to be distributed among the potential beneficiaries based on the relationship to the decedent and the degree of loss to the beneficiary.  For instance, if the decedent was the breadwinner in the family, the surviving spouse and children would be given more money than a sibling of the decedent.

If all the beneficiaries are at the same level in the law's eyes - for instance a group of siblings - they can decide among themselves how to divide up the money and ask the court for approval.

Beneficiaries under 19 years old are treated differently by the court in order to protect their interests.  The court typically orders that the money be held in trust by the Public Trustee until the beneficiary turns 19.

The Shocking Truth About Wrongful Death - Part 7

Time to File Lawsuit is Limited

Generally, the statute of limitations in a wrongful death claim is two years, which means if a lawsuit has to be filed, it must be filed within two years of the decedent's death.  It's extremely important to keep track of this date.  If the two-year period lapses, a claim may be barred forever.  The idea behind a statute of limitations is that crucial evidence that someone needs to defend such a lawsuit could be lost or destroyed if too much time passes.  However, the two-year period may not be absolute and you should talk to a lawyer on the specifics of your case.  We will give you initial advice free of charge.

The Shocking Truth About Wrongful Death - Part 6

Wrongful Death Claims Controlled by Statute

Wrongful death claims are mostly controlled by the Fatal Accidents Act, RSNL 1990, c. F-6.  The law allows the executor or administrator of the deceased person's estate to bring a claim against the person or entity whose negligent conduct or wrongful act caused the decedent's death.  This law was brought in during the 19^th century and was aimed at allowing widows and orphans to seek financial redress for the loss of a family breadwinner.

A case can be brought if the decedent could have maintained a claim for negligence or wrongful conduct had the death not occurred.  That means the executor would need to show that the other party acted in a negligent or wrongful way, and the wrongful conduct caused the death.  Wrongful death cases can be brought for negligent acts resulting in motor vehicle accidents and medical malpractice, or for criminal acts like murder and manslaughter.  Of course it is necessary for there to be assets available - such as insurance - to pay a settlement or judgment, in order for a lawsuit to be worthwhile.

To prove these cases in a negligence context, the executor must show that the defendant owed a duty of care to the decedent; that the duty of care was breached; that the breach caused the decedent's injuries and death; and that the decedent's estate and beneficiaries suffered damages.

The case must be proven by a standard called "preponderance of the evidence", or "balance of probabilities", which roughly means that the evidence must tilt more in the favor of the executor than the defendant.  Lawyers often explain the standard by telling jurors they just need to prove their case by 50 percent or more, which is well short of the reasonable doubt standard that we've all seen in television dramas depicting criminal trials.

The Shocking Truth About Wrongful Death - Part 5

This Book Does Not Offer Legal Advice

I'm happy that you've taken time to read my book.  You should note, however, that ordering or reading my book does not create a solicitor-client relationship.  We also aren't offering a legal opinion in these pages because every case is different based on the facts of the situation.  If you want our legal opinion, please contact us at 709-579-4000 or toll free 888-579-3262.  We'll be happy to set up a meeting with you at no charge.

The Shocking Truth About Wrongful Death - Part 4

We Can Help You

Our office has been representing families who have suffered the tragic loss of a loved one since 1991.  We take a comprehensive approach to the wrongful death cases we handle.  We believe that our job is to:

1. Provide family members with all their legal options along with our analysis about how the case should be approached.
2. Develop strategies to maximize the recovery for grieving family members who may find themselves struggling financially.
3. Take charge of the situation and solve problems as quickly and easily as possible.
4. Help connect families with the resources they'll need to cope with their loss.

Over the years we have represented families in wrongful death cases arising from among the following situations:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Medical malpractice
• Aviation crashes
• Prescription drug reactions
• Shootings
• Assaults.

The Shocking Truth About Wrongful Death - Part 3

The Newfoundland and Labrador Wrongful Death Book

A family member's passing causes tremendous pain, but the emotional and financial fallout of a death caused by another's negligence can be devastating.  I hope you haven't picked up this book because you've lost a loved one through traumatic circumstances.  If that is the case, I'm terribly sorry for your loss.

This book provides an overview of wrongful death cases that allows people having to navigate these difficult waters to make informed and educated decisions before ever talking to a lawyer.

Wrongful death cases are inherently complicated, involving everything from probate matters to negligence issues.  These types of cases are often made more difficult because insurance companies representing the wrongdoer often try to avoid liability or offer unfair or inadequate compensation.  Most people have never been through this process and, understandably, don't understand what they're up against when they decide to pursue a wrongful death claim.

Those who haven't been involved in a wrongful death case usually expect that an insurance company will compensate them for the loss of their loved one.  But for many the nightmare is just beginning.  The pain caused by the accident can be compounded by the unfair treatment the victim receives from some insurance companies that have one objective - closing the file for as little money as possible without fair compensation for the injured.

Insurance companies have teams of adjusters and lawyers that they can put to work on defending such claims.  They're professionals - they handle claims involving death and serious injuries all day and every day.  Naturally, they have an advantage over most people who are encountering these issues for the first time.  In our office, we believe knowledge is power.  We think this book will be helpful in leveling the playing field between insurance companies and those who have lost loved ones as a result of someone's wrongful acts.  If you have questions, the lawyers in our office would be happy to answer them.  Just call 709-579-4000 or toll free 888-579-3262.  You can also visit our website at www.ChesCrosbie.com.