Wrongful Death in Ontario – Ottawa Accident and Injury Lawyers can help you receive compensation
Under the law in Ontario, a wrongful death claim may be brought by family members of the person who died in an accident. A claim for the death of another person can be filed by those family members listed in section 61 of the Ontario Family Law Act. That section states as follows:
Family Law Act of Ontario
Right of dependants to sue in tort
61. (1) If a person is injured or killed by the fault or neglect of another under circumstances where the person is entitled to recover damages, or would have been entitled if not killed, the spouse, as defined in Part III (Support Obligations), children, grandchildren, parents, grandparents, brothers and sisters of the person are entitled to recover their pecuniary loss resulting from the injury or death from the person from whom the person injured or killed is entitled to recover or would have been entitled if not killed, and to maintain an action for the purpose in a court of competent jurisdiction.
The types of damages that may be claimed include economic damages (actual financial losses or anticipated financial losses or damages) and non economic damages (pain and suffering):
(a) actual expenses reasonably incurred for the benefit of the person injured or killed;
(b) actual funeral expenses reasonably incurred;
(c) a reasonable allowance for travel expenses actually incurred in visiting the person during his or her treatment or recovery;
(d) where, as a result of the injury, the claimant provides nursing, housekeeping or other services for the person, a reasonable allowance for loss of income or the value of the services; and
(e) an amount to compensate for the loss of guidance, care and companionship that the claimant might reasonably have expected to receive from the person if the injury or death had not occurred.
Our wrongful death lawyers will carefully review and analyze all issues in your wrongful death claim to determine all available compensation. In order to succeed in a wrongful death claim, the family members must prove that the person who caused the death was negligent. The negligence can be through any act such as in car accidents, workplace accidents, defective products, defective premises, dangerous activities and so on.
Economic damages include things like financial support that the deceased would have contributed to the family during either their life expectancy or the life expectancy of the survivor such as children; loss of gifts; loss of inheritances, funeral and burial expenses; travel expenses; loss of household services that the deceased would have provided.
Non-economic damages are things like loss of care, love, companionship, comfort, assistance, protection, affection and moral support; for spouses, the loss of the enjoyment of intimacy; for all members, the general loss of care, guidance and companionship.
Our injury lawyers understand how devastating the death of a loved one can be. Money cannot adequately compensate such a loss. However, the compensation can help with the grieving process, exact justice to the wrongdoers and provide some financial stability to ease the burden of the loss.
Call us for a free consultation. We work on a no fee until you win basis.
Marc Quinn
Ottawa wrongful death lawyer
613-315-4878