What is a Wrongful Death Case?
When a person dies because of the negligence of another party, their loved ones have the right to file a lawsuit. This lawsuit is known as a wrongful death lawsuit.
Common Types of Wrongful Death Lawsuits
The most common types of accidents that result in wrongful death claims include:
- Car Accidents
- Pedestrian Accidents
- Slip and Fall Accidents
- Boating Accidents
- Pool Drowning Accidents
Medical malpractice is also another common reason for filing a wrongful death lawsuit.
Who Can Sue for Wrongful Death in Ontario?
In most personal injury lawsuits, the plaintiff is the person who was harmed by someone else’s negligence. When the person who would have been the plaintiff passes away, it is their loved ones who are legally allowed to file on their behalf.
The Ontario Family Law Act outlines who can file a wrongful death claim, including:
- Spouses, both common law and marriage;
- Children
- Grandchildren
- Parents
- Grandparents
- Siblings
Damages that can be recovered include compensation for medical treatments the deceased required before passing away, loss of income, loss of companionship, and funeral and burial expenses. The total amount recoverable varies from case to case.
What Does a Plaintiff Need to Prove?
The plaintiff in a wrongful death case must prove:
- That the defendant owed a duty of care to the deceased.
- The defendant acted negligently and breached the duty of care.
- The deceased died as a result of the breach of duty of care.
It can be surprisingly difficult to prove that a defendant’s negligence resulted in harm to the deceased, which is why it’s important to work with an experienced attorney.
Contact Our Cambridge, Ontario Lawyers Today
The experienced legal team at Hilborn and Konduros offer no-cost consultations to the loved ones of those who were killed by another party’s negligence. Call (519) 658-6341 to learn more about how you can seek justice on behalf of your family.
