Understanding Wrongful Death Claims

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 Pursue a Wrongful Death Claim?

The framework for wrongful death claims varies province to province and is typically 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.

Types of Damages in Wrongful Death Claims

1. 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.
2. 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.
3. 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, limitation periods are governed by the Limitations Act, 2002 which sets out a basic two year limitation period to start a claim.

The Importance of Legal Assistance

Wrongful death claims involve complex legal and factual issues. A knowledgeable lawyer can help:

• Determine Liability: Establish who is legally responsible for the 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.

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.