Extended Family Members and Wrongful Death Claims: Understanding Eligibility and Legal Rights
The loss of a loved one due to another’s negligence or wrongful act is a profound tragedy that affects the entire family.
This blog post explores the rights of extended family members to pursue wrongful death claims following a loved one’s death.
Who Qualifies as Extended Family?
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. Grandparents, grandchildren and brothers/sisters can pursue damages following the death of a loved one in addition to spouses, children, and parents.
Aunts, uncles, and cousins are not eligible under the Family Law Act to pursue wrongful death claims in Ontario.
Types of Damages
In Ontario, there are no damages for grief or emotional distress. Instead, family members are entitled to pursue damages for losses of care, guidance, and companionship. These damages compensate family members for the deprivation of comfort and care they would have received from their loved one but for that person’s death.
There is no “right” amount of damages for loss of care, guidance, and companionship. The court is to take a case-by-case approach to quantifying these damages.
Legal Guidance in Ontario
Navigating wrongful death claims as an extended family member in Ontario can be challenging.
Experienced wrongful death lawyers can help you determine whether you are eligible to make a claim, manage your claim, and help you pursue compensation.
Here to Assist with Your Claims
At Nelligan Law, our experienced team is ready to handle your case with sensitivity and dedication, ensuring that you receive the compensation and support you deserve.