The short answer is Yes. In most instances surviving family members can claim for their losses when a loved one is killed in a car accident. In addition to death benefits that can be claimed against the auto insurance policy, the family members and the Estate can advance claims against the at-fault party. This lawsuit against the at-fault driver or responsible party are almost always covered by insurance.
If a family member is killed in a car accident, or pedestrian accident in Ontario, Canada, there are certain family members that have the right to claim for compensation. This generally includes the spouse, children, grandchildren, parents, grandparents, brothers and sisters of the person that died in the crash.
The compensation (money) recoverable in a Ontario wrongful death claim will depend on the particular facts and circumstances of the situation. In general, the family members can claim for the financial losses and expenses, as well as money to compensate for the loss of guidance, care and companionship of their loved one.
Our lawyers are experienced in Wrongful Death and serious injury claims. We take on major claims throughout Ontario. If you think that you may have a claim for the wrongful death of a loved one, call us any time for a Free, no obligation consultation, or request a Free Consultation online. All consultations are confidential and private.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States. Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".
As an Ontario personal injury lawyer, I am often asked if family members are entitled to compensation following a fatal accident in Ontario? The answer is usually Yes.
Who can file a claim for a wrongful death in Ontario will depend on the circumstances of the particular case. Also, in Ontario, wrongful death claims are subject to the Family Law Act. Specifically, Part V of the Family Law Act provides that, where a person is killed by the fault or neglect of another, then the following family members may be entitled to pursue a claim to recover their pecuniary loss resulting from the death:
The loss of a loved one is always devastating, but may be even more painful when it is sudden and caused by the fault of someone else. We understand that you will need time to grieve your loss, but it is also important to take the time to speak with an Ontario lawyer to learn about your rights. The loss of loved one can bring unexpected financial hardships on a grieving family. There is usually insurance available to cover such losses. Though it may be difficult, you owe it to your family to learn about your legal options if a loved one has been killed in an Ontario accident. There are strict time limits within which you must commence a wrongful death claim.
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News agencies have been reporting a fatality multi-vehicle crash near Markville Mall in Markham this afternoon. Reports indicate that as many as five vehicles were involved in the crash at Highway 7 and McCowan Road. The accident is being investigated by police.
If you or a loved one has been injured in a car accident, call lawyer Andrew A. Iacobelli for a complimentary consultation.
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