A Closer Look at Wrongful Death Claims
Losing a loved one due to someone else’s negligence is a deeply traumatic experience. In Ontario, wrongful death claims offer a legal pathway for families to obtain justice and compensation for their loss. Learn how these claims work and how a wrongful death lawyer can assist you during this difficult time.
Who Can File a Wrongful Death Claim?
In Ontario, the Family Law Act governs who can file a wrongful death claim. Eligible family members include:
- Spouses
- Children
- Grandchildren
- Parents
- Grandparents
- Siblings
These family members can seek compensation for their losses if the deceased died as a result of another party’s negligence. Claims arise from various situations, including:
- Motor vehicle accidents
- Falls
- Nursing home negligence
- Other scenarios where negligence can be proven
Elements of a Wrongful Death Claim
To succeed in a wrongful death claim in Ontario, the claimant must establish certain elements, including:
- Relationship: The claimant was related to the deceased.
- Duty of care: The defendant owed a legal duty to the deceased. This could be the duty to drive safely, provide competent medical care, or maintain safe premises.
- Breach of duty: The defendant breached their duty of care through action (such as reckless driving) or inaction (such as failing to fix a hazardous condition).
- Causation: The breach of duty directly caused the death.
- Damages: The deceased would have been entitled to personal injury damages had they not died, and the surviving family suffered measurable losses of their own as a result of the death.
Damages Recoverable in Wrongful Death Claims
The types of damages family members may seek to recover in a wrongful death claim include:
- Loss of guidance, care, and companionship: Family members can seek compensation for the emotional and psychological loss of a loved one’s companionship and guidance.
- Loss of shared experiences: Damages for the loss of future shared experiences, such as family milestones and events, are recoverable in wrongful death claims.
- Pain and suffering: Compensation for the pain and suffering experienced by the deceased before their death can also be pursued.
- Financial losses: This may include lost income that the deceased would have contributed to the household, along with the loss of services provided by the deceased, such as childcare, maintenance, or other household contributions.
- Medical and funeral expenses: Costs incurred for medical treatment prior to death and funeral expenses are also recoverable. This includes hospital bills, medication, and any other medical expenses incurred because of the incident.
- Loss of inheritance: Potential loss of inherited money due to the untimely death can be claimed.
Statutory Accident Benefits in Car Accident Cases
In cases of fatal car accidents, the deceased’s family may be entitled to statutory Accident Benefits as part of Ontario’s no-fault insurance system. These cover the following:
- Funeral expenses: Insurance policies typically cover a specified amount for funeral costs, easing the family’s financial burden.
- Death benefits: This lump sum payment to the spouse and dependents of the deceased varies based on the insurance policy and the specific circumstances of the accident.
- Counselling for family members: Psychological and grief counselling for surviving family members helps them cope with the emotional aftermath of the loss.
- Income replacement benefits: If the deceased was the primary earner, the family might receive benefits to replace a portion of the lost income.
- Dependent care benefits: This provides financial assistance for the care of children or elderly family members who were under the deceased’s support.
- Supplementary benefits: Additional support may be available for specific needs related to the aftermath of the accident.
Limitation Period for Filing a Claim
The Limitation Act of Ontario stipulates that wrongful death claims must be filed within two years from the date of death. Failing to file within this period typically results in losing the right to claim. Exceptions to this are when the death involves a minor or a claim against a municipality, which shortens the limitation period.
How a Wrongful Death Lawyer Can Help
A wrongful death lawyer can provide invaluable assistance by gathering evidence, calculating damages, and negotiating with insurers to secure fair compensation. They offer skilled court representation if needed and ensure timely filing to ensure you don’t miss any crucial deadlines. Lawyers also provide emotional support and guidance to help alleviate stress during this challenging time, allowing your family to focus on healing.
Request a Wrongful Death Consultation in Ontario
At Miskin Law, we understand the profound impact of losing a loved one, and to make the legal process more manageable. For help getting the compensation you deserve, please contact us toll-free at 877-428-8000 to schedule your complimentary wrongful death consultation at one of our offices in Peterborough, Lindsay, or Oshawa, Ontario.