The Legal Process for Pursuing Wrongful Death Claims
The loss of a loved one due to someone else’s negligence or wrongful act is a devastating experience, and in such situations, the family of the deceased may pursue a wrongful death claim to seek justice and compensation. In Ontario, the legal process for pursuing a wrongful death claim is governed by specific laws and regulations that ensure the rights of the deceased’s family are protected. Understanding this process can help families navigate the complexities of their case during a difficult time.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members of a person who has died as a result of the negligent, reckless, or intentional actions of another party. In Ontario, these claims are typically filed under the Family Law Act, which allows specific family members to seek compensation for their loss. Eligible claimants include the deceased’s spouse, children, grandchildren, parents, grandparents, and siblings.
Grounds for a Wrongful Death Claim
To successfully pursue a wrongful death claim in Ontario, the claimant must establish that the defendant’s actions directly caused the death of their loved one. This typically involves proving negligence or wrongdoing. For example, if the death resulted from a car accident caused by a distracted driver, the claimant would need to demonstrate that the driver’s negligence led to the fatal accident.
Common scenarios that may lead to wrongful death claims include:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts
Steps in the Legal Process
Consultation with a Lawyer: The first step in pursuing a wrongful death claim is to consult with an experienced personal injury lawyer. The lawyer will assess the circumstances of the case, explain the legal options available, and help determine the appropriate course of action.
Filing the Claim: Once the decision is made to proceed, the lawyer will file a wrongful death claim on behalf of the eligible family members. The claim must be filed within the limitation period set by Ontario law, which is generally two years from the date of death. However, there are exceptions, so it is essential to seek legal advice promptly.
Gathering Evidence: To build a strong case, the lawyer will gather evidence to support the claim. This may include medical records, accident reports, witness statements, and expert testimony. The goal is to establish the defendant’s liability and demonstrate the extent of the losses suffered by the family.
Negotiating a Settlement: In many cases, the defendant’s insurance company may offer a settlement to resolve the claim without going to trial. The lawyer will negotiate on behalf of the family to ensure that the settlement reflects the full extent of their losses, including funeral expenses, loss of income, loss of companionship, and more.
Trial: If a fair settlement cannot be reached, the case may proceed to trial. During the trial, both sides will present their evidence, and a judge or jury will determine whether the defendant is liable and, if so, the amount of compensation to be awarded.
Compensation in Wrongful Death Cases
The compensation awarded in wrongful death cases in Ontario can cover a range of damages, including:
- Funeral and burial expenses
- Loss of income and future earnings
- Loss of care, guidance, and companionship
- Medical expenses incurred before death
Conclusion
Pursuing a wrongful death claim in Ontario is a complex and emotionally challenging process, but it is a crucial step in holding the responsible party accountable and securing the financial support needed for the future. Understanding the legal process and working with an experienced lawyer can make a significant difference in the outcome of the case. Contact our lawyers at Hilborn and Konduros today to ensure you are able to navigate this process.
