Losing a loved one is one of the worst things most people experience. For many in Ontario, traffic accidents will be the source of this grief. While there is no way of offsetting the loss of a loved one, in Ontario, you may be eligible to file a wrongful death claim from these incidents.
In Ontario, the Family Law Act allows direct family members to file a wrongful death claim if the death was due to another person’s negligence. Suppose you have recently lost a family member. In that case, our experienced team at Chorney Sidhu Injury Lawyers, can explain how filing a wrongful death claim in Ontario works and help you navigate the legal process so that you can focus on your family during this challenging time.
What Constitutes a Wrongful Death Claim in Ontario?
There are a few relevant factors in deciding whether or not a wrongful death lawsuit is valid:
- You (the plaintiff) must be related to the deceased as a spouse, child, grandchild, parent, grandparent, or sibling. Biological relationships are not necessary.
- Another party’s (the defendant) negligent actions caused your family member’s death.
- The family member would have been entitled to damages if they had not passed.
- You (the plaintiff) suffered damages due to the passing of a family member.
An accidental death does not necessarily constitute a wrongful death. Under Ontario law, the death must be a direct consequence of the negligent or intentional action of another to be considered a wrongful death.
Possible Situations that Result in Wrongful Death
Possible Benefits Under The Statutory Accident Benefits Schedule (SABS)
- Spouse’s benefit: The deceased’s spouse may be eligible to receive $25,000.
- Dependants’ benefits: The deceased’s children or dependents may be entitled to $10,000. If the deceased was not married, the dependents might divide the spouse’s benefit.
- Funeral benefit: Up to $6,000 to cover burial and funeral expenses.
Possible Compensation in a Wrongful Death Claim
No money will ever be enough to make up for the loss of a loved one. Ontario law determines the level of compensation for wrongful death in several ways:
- Expenses actually incurred on behalf of the victim
- Funeral and burial expenses
- Travel expenses incurred by family members visiting the victim in cases in which death occurred a following the period of treatment or recovery
- Nursing, housekeeping or other services a person provided during the time between the accident and the victim’s death
- Damages attributable to the loss of companionship, care and guidance the family member will not receive because of the death of the victim.
What Is the Statute of Limitations for Wrongful Death Claims in Ontario?
Even when making a justified wrongful death claim in Ontario, you have two years to file the appropriate paperwork to start the process.
While the grieving process is strenuous, it helps to have an experienced wrongful death lawyer on your side to review your case, help you decide if it may be a wrongful death, and help you pursue compensation from the negligent party.
How Can I File a Wrongful Death Claim?
The last thing you want to do in the wake of a loved one’s death is file a lawsuit. Wrongful death claims in Ontario can be challenging, but you do not have to go through it alone.
Our experienced wrongful death lawyer at Chorney Sidhu Injury Lawyers in Brampton offers guidance, support, and help with all aspects of your case. You Know What To Do, call Chorney Sidhu at (844-HURT-GTA) (844) 487-8482