The loss of a child is unimaginable. For parents, pursuing a wrongful death claim can help them get a small measure of justice.
Understanding Wrongful Death Claims by Parents
Wrongful death claims allow certain family members to seek compensation when their loved one dies due to someone else’s negligence. Parents filing these claims typically seek damages for the emotional and financial impact of losing their child.
Who Can Pursue a Wrongful Death Claim?
The framework for wrongful death claims varies by province and is set out in legislation. In Ontario, wrongful death claims are governed by the Family Law Act: spouses, children, parents, grandparents, and brothers/sisters can all bring a claim for damages following the death of a loved one.
Types of Damages Parents Can Claim
A parent’s loss of a child is immeasurable.
In Ontario, there are no damages for grief or emotional distress. Instead, parents are entitled to pursue damages for losses of care, guidance, and companionship. These damages compensate parents for the deprivation of comfort and care they would have received from their child but for their child’s death.
There is no “right” amount for a parents’ loss of care, guidance and companionship of a child who has died because of another’s negligence. There is no legislative or judge-made cap for loss of care, guidance and companionship damages. Judges and juries are to take a case-by-case approach to the quantification of damages for loss of care, guidance, and companionship.
Parents may also have a claim for pecuniary damages for out-of-pocket costs such as funeral expenses. In some cases, parents may also have a dependent support claim if they relied on their child for financial assistance before he died.
The Legal Process
An experienced lawyer is crucial to helping you navigate the complexities and emotional weight of a wrongful death claim. We can help:
– Determine Liability: Establish who is legally responsible for your child’s death.
– Calculate Damages: Assess pecuniary and non-pecuniary damages.
– Negotiate Settlements: Deal with insurance companies and opposing counsel to negotiate a fair settlement.
– Navigate Legal Proceedings: Manage court filings, discoveries, mediation, and trial preparation if the case goes to court.
-Retain Experts: Find and hire experts who will help prove your case.
Emotional Considerations
Wrongful death claims are emotionally taxing for parents. These claims constantly require you to relive painful details of your child’s loss. It is crucial that you have emotional support from family, friends, and professional counsellors.
Here to Assist with Your Claims
At Nelligan Law, we understand the complexities of wrongful death claims. Our experienced team is committed to handling your case with the sensitivity and dedication it deserves.
