Who can bring an Ontario wrongful death claim?
Wrongful death claims are brought under Ontario’s Family Law Act, which permits certain close family members of a person killed by another’s wrongful act to seek compensation in the form of a wrongful death lawsuit. Married or common law spouses, children, grandchildren, parents, grandparents, and brothers or sisters of the deceased are entitled to bring a wrongful death action in Ontario.
When do you need a wrongful death lawyer?
Oshawa lawyers at our firm have handled wrongful death claims arising from a number of causes. A wrongful death lawsuit may be brought against an individual, company, or government for death caused by a motor vehicle accident, medical malpractice, a slip and fall, https://www.kslawfirm.ca/web/services/oshawa/slip-and-fall-injury-lawyer-oshawa.php defective product, negligence at a care home, or accident in the workplace. The uniting feature of all wrongful death lawsuits is that the person is killed by the fault or neglect of another. So, for example, if your loved one was involved in a fatal car accident https://www.kslawfirm.ca/web/services/oshawa/car-accident-lawyer.php that was caused by another driver’s negligence, the wrongful death claim would be brought against the at-fault driver. In response, the at-fault driver will likely deny liability for the accident or raise the defence of contributory negligence (in other words, take the position that your damages should be reduced due to contributory fault or neglect of the person who was killed). The best way to determine if you have a viable wrongful death claim is to consult with a wrongful death lawyer. A skilled wrongful death lawyer can help gather evidence to prove your claim and defend against allegations of contributory negligence.
Oshawa lawyers explain damages for wrongful death
Lawyers with experience handling wrongful death claims can provide you with a free assessment https://www.kslawfirm.ca/web/areas-we-serve/ so that you have a better idea of value of your case. Calculating damages can be highly complicated in wrongful death cases as the amount of compensation will be dependent on the person’s relationship to the deceased and the unique facts of the case. If you hire a lawyer to represent you, that lawyer will ensure that your lawsuit is filed within the applicable limitation period (which is typically two years from the date of death, but may be shorter in some cases) and ensure that your lawsuit includes claims for all pecuniary and non-pecuniary damages to which you are entitled, such as:
- Any expenses incurred on behalf of the deceased due to their medical needs (i.e.,the costs of caring for the deceased after the injury but before death);
- Income loss caused by the need to care for the deceased after the injury but before death;
- Funeral expenses;
- Lost income that the deceased would have provided to your household throughout their life;
- An amount to compensate for loss of guidance, care, and companionship;
- An amount to replace services that would otherwise have been performed by the deceased (e.g., future costs of home maintenance, housekeeping, or auto repair).
Note that if your loved one was killed in a fatal car accident, you may also be able to recover death and funeral benefits under Ontario’s Statutory Accident Benefits Schedule (SABS), regardless of who was at-fault for the accident, and in addition to the amounts that you may be able to recover through a wrongful death claim.
Get trusted legal advice from our Oshawa wrongful death lawyers
There are restrictions and limitations on how and when a wrongful death claim can be filed, and the decision to file a wrongful death lawsuit ought to be an informed decision made collectively by you and your family. If you have lost a loved one as a result of someone else’s negligence, you should immediately consult with a wrongful death lawyer in Oshawa, Lindsay, Whitby or surrounding area for guidance. Call us today at 905-579-5302 to schedule your free consultation with one of our experienced wrongful death lawyers.