A wrongful death claim arises when a person’s death results from someone else’s negligence or misconduct.
Wrongful death claims provide surviving family members with a means to seek compensation for their loss. This blog explores wrongful death claims, what they entail, who can file, and the types of damages that may be recovered following the death of a loved one.
What is a Wrongful Death Claim?
Wrongful death claims arise when someone dies due to the negligence or misconduct of another party. The person’s surviving loved ones can bring a civil action for damages against those who are responsible for their loved one’s death.
This type of claim is intended to compensate family members for the financial and emotional losses they have suffered due their loved one’s loss. Common causes of wrongful death include motor vehicle accidents, medical malpractice, airplane crashes and other accidents.
Who Can File a Wrongful Death Claim in Ontario?
In Ontario, the Family Law Act permits close relatives to file wrongful death claims including:
- Spouses and Children
- Parents
- Grandparents and Grandchildren
- Brothers and Sisters
Types of Damages in Wrongful Death Claims
- Pecuniary Damages: Tangible financial losses resulting from the death, including:
– Dependency or loss of income claims: Compensation for the earnings the deceased would have provided to his or her spouse and child.
– Medical and Funeral Expenses: Costs associated with any medical care related to the person’s death and expenses such as for the funeral and burial.
– Loss of Services: Compensation for the loss of services the deceased provided to his or her family, such as childcare services and housekeeping and home maintenance tasks.
- Non-pecuniary damages: In Ontario, family members can seek damages for losses of care, guidance, and companionship. These are not damages for grief or emotional distress, but damages meant to compensate family members for the deprivation of comfort and care they would have received from their loved one but for their death.
- Punitive Damages: In some cases, if the wrongful death was caused by particularly reckless or intentional behavior, punitive damages may be awarded to punish the wrongdoer and deter similar misconduct in the future.
Statute of Limitations for Wrongful Death Claims in Ontario
In Ontario, limitation periods are governed by the Limitations Act, 2002 which sets out a basic two year limitation period to start a claim.
Why Legal Assistance is Essential
Wrongful death cases are complex, requiring expertise to establish liability, calculate damages, and manage the legal proceedings. An experienced Ontario wrongful death lawyer can guide families through the process, from determining fault to negotiating settlements and trial representation.
Here to Assist with Your Claim
At Nelligan Law, we understand the legal and emotional complexities of wrongful death claims. Our dedicated team is here to handle your case with care, ensuring you receive the compensation and support you need during this difficult time.
