If you have lost a loved one suddenly and it was due to another person’s negligence, you may be wondering if you can make a wrongful death claim. In Ontario, a wrongful death claim is quite common in the civil courts, and it can be brought against individuals, companies, and government agencies.
In this article, we’re going to cover everything you need to know about a wrongful death lawsuit in Ontario, including what a wrongful death lawsuit is, what compensation you can get, and who is able to make a wrongful death claim.
What Is Wrongful Death?
In Ontario, a wrongful death claim usually arises when someone dies as a result of negligence on the part of another person. This process does not assign criminal responsibility for the death, but the deceased’s loved ones may claim compensation for their death.
A wrongful death lawsuit can be brought by a wrongful death lawyer under the Family Law Act and the death in question has to be the fault of someone other than the deceased, at least partially.
A wrongful death lawyer may be able to get you compensation for funeral expenses, loss of guidance, care, companionship, and loss of income.
Am I Able To Sue If A Loved One Has Died In An Accident?
Yes, if your loved one has died under circumstances where they would have been entitled to recover damages, you can pursue a wrongful death lawsuit in Ontario if you are one of the loved ones listed in the section below.
In the case of car accidents in Ontario, the Statutory Accident Benefits Schedule (SABS) entitles you to claim benefits. Car accidents and motorcycle accidents are a common cause of wrongful death claims in Ontario. Many occur due to driving under the influence or distracted driving (i.e. while texting).
If your loved one’s accident is due to negligence on the part of their employer or a government agency, you can also file a wrongful death claim.
If My Loved One Has Died In An Accident, What Compensation Is Available For Me?
The compensation for a wrongful death claim is for loss of guidance, care, and companionship. However, financial damages may be claimed in addition to this category. Financial damages may be claimed with regards to:
- Loss of financial support that your loved one would have provided
- Loss of income (from stress and grieving)
- Medical expenses before the death
- Travel expenses for visiting an injured loved one before their death
- Loss of child care services
- Funeral expenses
In the case of a car accident, SABS covers death and funeral benefits as follows:
- Spouse’s benefits – This is around $25,000 but may go up to $50,000 if additional coverage was held
- Dependant’s benefits – Usually around $10,000 per dependant but more with optional coverage. The spouse’s benefits would also be split between dependents if the deceased was not married
- Funeral benefits – Up to $6,000, or $8,000 with optional coverage
The SABS benefits may also be available regardless of if it is found that no party was at fault for the death.
Who Is Able To Claim Wrongful Death Compensation?
In Ontario, a wrongful death claim falls under the Family Law Act. This act states that when a person is killed by the fault of another, a claim may be brought by any one of the following family members of the deceased:
- Their spouse
- Their children or grandchildren
- Their parents
- Their grandparents
- Their siblings
If You Are Looking To File A Wrongful Death Claim, Call Virk Lawyers Today.
Are you looking for a personal injury lawyer in Hamilton to help you with a wrongful death claim? Here at Virk Personal Injury Law, we’re dedicated to helping you get the compensation that you deserved at this devastating and trying time. Get in touch with our team today to find out how we can help.