What You Should Know About Wrongful Death Claims if You Have Lost a Loved One
There is no more emotionally devastating crisis than losing a loved one in an accident. It is a time of incredible grief and loss.
In the case where a fatality is the result of an accident caused by the negligence or carelessness of another party, the surviving family members may be able to file a wrongful death claim under Ontario’s Family Law Act. The Act entitles family members to receive compensation after the fatal injury of their loved one.
Only certain family members are eligible to file a wrongful death claim in Ontario. They are:
- The surviving spouse
- The surviving children of the victim
- Siblings
- Parents
- Grandparents
- Grandchildren
Wrongful death claims will compensate these family members for things such as
- Actual expenses incurred by the deceased family member such as medical care costs, nursing, housekeeping, etc.
- Funeral or burial costs
- Travel expenses incurred by the surviving family members connected with the injury and death of the deceased
- Loss of future income of the deceased for the care of survivors
- Loss of guidance, care, and companionship that may have benefited the surviving family member(s)
In short, wrongful death is similar in scope to a personal injury claim, only benefiting the surviving family member(s) instead of the injury victim. Although it is impossible to attach a monetary value to the life of a person, this isn’t the purpose of a wrongful death claim. Wrongful death claims are purely financial in nature and must be based on quantifiable figures.
Wrongful death claims also must show evidence of negligence. If an accident was the result of negligence, carelessness, or the intentional action of another party, this must be proven in order for the court to rule in favor of a wrongful death claim. Consequently, these claims can be complex and difficult to prove.
If you have lost a loved one due to the negligence of another, contact the Ontario accident lawyers at Hilborn and Konduros at (519) 658-6341 to understand your legal rights.
