Losing a spouse or parent because of someone else’s negligence is profoundly distressing.
Pursuing a wrongful death claim can provide the surviving spouse and children with financial relief and a measure of justice.
Understanding Wrongful Death Claims
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.
Who Can Pursue a Wrongful Death Claim?
Eligibility to pursue a wrongful death claim varies by province. 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.
The deceased’s spouse and children are generally the primary plaintiffs in a wrongful death claim. They are usually the most emotionally and financially affected by the loss.
The Role of Spouses and Children in Wrongful Death Claims
- Initiating the Claim: In Ontario, spouses and children who start wrongful death claims must do so in their own names. If the children are minors, a litigation guardian will need to act on the child’s behalf.
- Proving the Claim: Spouses and children must demonstrate that the death resulted from negligence or a wrongful act of the defendant.
- Calculating Damages: Damages in wrongful death claims can include:
- Dependency or loss of income claims: These claims will provide the surviving spouse and children with compensation for the earnings the deceased would have contributed to his or her family over the course of his or her life.
- Medical and Funeral Expenses: Costs associated with any medical care related to the death of the deceased 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 for losses of care, guidance, and companionship: These damages compensate spouses and children for the deprivation of comfort and care they would have received from their loved one but for the death of their loved one.
Common Challenges for Spouses and Children
- Emotional Strain: Dealing with the legal aspects of a wrongful death claim can compound the grief and stress the family has already experienced from the loss of their loved one.
- Complex Family Dynamics: Blended families or strained relationships may complicate the process.
- Quantifying Damages: Proving and calculating damages, especially non-economic ones, often requires thorough documentation and expert testimony.
The Importance of Legal Guidance
An experienced Ontario wrongful death lawyer can help families by:
- Handling Legal Procedures: Ensuring timely and accurate filing.
- Maximizing Compensation: Accurately calculating damages.
- Offering Compassionate Support: Providing steady support throughout the process.
Losing a loved one is a painful and challenging time. Wrongful death claims for spouses and children can help provide you with compensation and a measure of justice.
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.
