In Ontario a death resulting from the negligence of another person(s), company or government can lead to a wrongful death claim by surviving family members.
WHAT IS A WRONGFUL DEATH CLAIM?
A wrongful death claim allows an estate to be awarded damages for their losses as a result of the death. This includes a claim for the loss of guidance, care, companionship, support and services of a deceased loved one.
WHO CAN FILE FOR WRONGFUL DEATH?
The persons entitled to compensation include the decedent’s spouse, children, grandchildren, parents, grandparents, brothers and sisters.
ENTITLEMENTS UNDER THE FAMILY LAW ACT
FUNERAL COSTS AND OTHER EXPENSES DUE TO THE DEATH
Financial losses resulting from the injury or death from the neglect of another are recoverable. A lawyer in Cobourg or a surrounding area can help you to recover your losses. In Section 61(1) of the Family Law Act states family members may recover “their pecuniary loss resulting from the injury or death of the person from whom the person injured or killed is entitled to recover or would have been entitled if not killed.” Pecuniary losses are monetary losses and include reasonable expenses actually paid for out of pocket, such as funeral expenses and travel expenses for any out-of-town family members attending services. For example, any surviving family member needing to take an unpaid leave of absence from work, sick leave or vacation allowances to attend to appointments related to the death of the family member is entitled to be reimbursed for those financial losses by the party responsible for the accident.
LOSS OF FINANCIAL SUPPORT
Loss of financial support can be collectively claimed by the surviving family when a decedent has left behind a spouse and dependent children. Loss of economic support can be claimed for children until completion of their undergraduate university education. Loss of a minor child’s advantages can also be claimed for what would have been realized had the wrongful death not resulted in lack of financial and emotional support. Loss of a spouse’s economic support can be claimed for an entire lifetime, including additional costs for the care of dependent children. If you are unsure if you are eligible for financial compensation due to loss of financial support, contact a competent lawyer in Lindsay.
WHAT IF THE DECEASED WAS A MOTOR VEHICLE ACCIDENT VICTIM?
In a motor vehicle accident fatality, the auto insurer will pay death and funeral benefits in accordance with Ontario Regulation 403/96, Part VII, Statutory Accident Benefits Schedule, which is part of Insurance Act, R.S.O. 1990, cI.8. The basic death benefit payable to the survivors is $25,000 to the spouse and $10,000 to each of the insured person’s dependents and to each person to whom the insured person had an obligation at the time of the accident to provide support under a domestic contract or court order. If the decedent had no spouse, the latter amount of $10,000 may increase to a combined amount of $25,000, split equally among the same individuals. The enhanced amount is payable if the decedent had purchased optional death benefits.
A $6,000 funeral benefit is also payable under the Statutory Accident Benefits Schedule. If the funeral costs exceed the basic funeral benefit, then the excess can be claimed by way of the Family Law Act action against the motorist responsible for the accident. In this sense, awards under the Family Law Act are co-dependent on provisions in the Insurance Act. Your lawyer in Oshawa can discuss this in further detail with you.
WHEN SHOULD YOU CONTACT A LAWYER AT KITCHEN SIMESON & BELLIVEAU?
It is best to consult with one of our lawyers in Cobourg, Bowmanville, Oshawa, Lindsay or Whitby as soon as you know or suspect that your loved one died due to the negligence of another party. Our lawyers also serve Port Hope, Pickering and Ajax. Your wrongful death claim must be filed within two years from the date of the death, but a shorter limitation period may apply if the claim is brought against a municipality or other public institution. At Kitchen Simeson & Belliveau, we can be invaluable legal advisors at a time of traumatic loss. Contact us at 905-579-5302.