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Wrongful death damages are financial compensation awarded to the surviving family members of a person who has died due to the negligence or wrongful act of another person. In Ontario, Canada, the value of wrongful death damages is determined by a number of factors, including the loss of financial support, the loss of care, guidance, and companionship, and other expenses incurred as a result of the death.
Financial Support: The value of financial support is determined by considering the deceased person's net income, the age at which they would have retired, and the number of years they were expected to continue working. This amount is then adjusted for inflation and calculated to determine the present value of the lost income. The calculation takes into account the deceased person's salary, benefits, and other sources of income, as well as any deductions for taxes, CPP, and EI. Loss of Care, Guidance, and Companionship: The value of the loss of care, guidance, and companionship is subjective and is determined by considering the relationship between the deceased and the surviving family members. Factors that are taken into account include the quality and nature of the relationship, the length of time that the relationship existed, and the impact of the death on the surviving family members. Other Expenses: In addition to the loss of financial support and the loss of care, guidance, and companionship, there are other expenses that may be recovered as a result of a wrongful death. These may include funeral expenses, medical expenses incurred before the death, and other out-of-pocket expenses related to the death. Conclusion: In Ontario, Canada, the value of wrongful death damages is determined by considering a number of factors, including the loss of financial support, the loss of care, guidance, and companionship, and other expenses incurred as a result of the death. It is important to consider all relevant factors when determining the value of wrongful death damages, and to consult with an experienced wrongful death lawyer to ensure that all damages are properly calculated and claimed. Our phone lines are open to you 24 hours a day 7 days a week. Call us now at 866-234-6093 to request your FREE Consultation. 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".
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Can I Sue (recovery money) if A Family Member is Killed in a Car Accident in Ontario, Canada?12/27/2021 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". The loss of a loved one is never easy. It is even more difficult to accept when a loved one is killed in a Ontario car accident, truck accident or motorcycle accident, because someone else did not follow the rules of the road.
Whenever someone dies as a result of an Ontario car accident, certain immediate family members will be able to claim for the loss. The relatives entitled to make a claim are generally the spouse, children, grandchildren, parents,grandparents, brothers and sisters of the person who was killed in the accident. The family members will be able to advance claims for damages (money), which may include compensation for the following: (a) expenses incurred for the benefit of the person killed; (b) funeral expenses; (c) 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 death had not occurred. Following a fatal accident in Ontario, you will undoubtedly need time to grieve your loss, but it is also important to take the time to speak with an Ontario fatal accident lawyer to learn about your rights. Without question, the loss of loved one often results in 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 motor vehicle accident. There are strict time limits within which you must commence a wrongful death claim. Free Consultation with Ontario Wrongful Death Lawyer Contact Iacobelli Law Firm to speak with an Ontario lawyer. We offer prospective clients a free case review. There is no obligation and the consultation is strictly confidential. Connect with Andrew Iacobelli on Google+ Sadly, a fatal head-on car accident occurred in Markham on the evening of September 29, 2013. According to information released by York Regional Police, this Markham fatality car accident occurred on Ninth Line near Elgin Mills in Markham, Ontario.
First and foremost, Iacobelli Law Firm offers sincere condolences to the family and friends of the person that was killed in this Markham fatal car accident. According to the information released by the York Regional Police, this accident occurred when a black 2010 Mazda was northbound on Ninth Line and crossed the centre line into the southbound lane. The Mazda then collided with the passenger side of a grey Honda Odyssey going southbound. Sadly, the passenger in the Honda was pronounced dead at the scene. The driver of the Mazda was arrested and charged with impaired driving, among other charges. Although all fatal accidents are always tragic and sad, the loss of a loved one is particular difficult when it is caused by a drunk driver. Ontario drunk driving accidents continue to occur, despite education and enforcement. Who Can File a Claim For Wrongful Death In Ontario? In most instances of a wrongful death claim, it is the blood relatives (husband, wife, mother, father, children, etc.) who are entitled to file a claim. 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 injured or killed by the fault or neglect of another, then the spouse, children, grandchildren, parents,grandparents, brothers and sisters of the person are entitled to recover their pecuniary loss resulting from the death. What Damages (Financial Compensation) Can A Family Member Claim Following the Death of a Loved One in Ontario? The damages (money) recoverable in a Ontario wrongful death claim will depend on the particular facts and circumstances of your situation. No two claims are the same, and it is important to obtain the counsel of a Ontario wrongful death lawyer. In general, however, the following items may be advanced as part of an Ontario wrongful death claim: (a) expenses reasonably incurred for the benefit of the person killed; (b) funeral expenses reasonably incurred; (c) compensation for the loss of guidance, care and companionship that the claimant might reasonably have expected to receive from the person if the death had not occurred. Ontario Lawyer for Wrongful Death and Fatality Accident Claims: If you have a lost a loved one as a result of a car accident in Ontario, call an Ontario lawyer for a free consultation. Call us any time at 416-900-1070 or toll free at 1-866-234-6093 to request a free case review with an injury lawyer. 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. Free Consultation with Ontario Wrongful Death Lawyer Contact Iacobelli Law Firm to speak with an Ontario lawyer. We offer prospective clients a free consultation with a lawyer. There is no obligation and the consultation is strictly confidential. Connect with Andrew Iacobelli on Google+  The news of the accident that claimed the life of a beautiful young girl, Violet Jia Liang, stunned and angered many in the GTA. Violet Jia Lang was on her way to start her first day in the 10th grade at C.W. Jeffreys Collegiate when she was struck by a left turning construction truck. The collision occurred just before 8 a.m. at the intersection of Sentinel Rd. and Lamberton Blvd., in front of Elia Middle School.
First and foremost, the staff at Iacobelli Law Firm offers our sincere condolences to the family and friends of Violet. We are saddened by the news of this loss, and wish you strength and courage during this most difficult time. The facts of this accident are all too familiar for residents of Toronto and the GTA. In the past year, Violet's death marks the second tragic death of a child as a result of a truck in a residential area of Toronto. On March 8, a 5-year old child, Kayleigh Callaghan-Belanger, was killed by a city garbage truck. In light of these recent traffic accident fatalities involving children and trucks, some city councillors are calling for increased safety measures in school zones. We agree that something should be done to improve safety for children walking to and from school. This tragic loss also serves as a reminder to all drivers to use extra caution when driving near schools and residential areas. This is particularly important during the morning and afternoon hours when children are walking to and from school. In many parts of Ontario, local police forces have increased presence in school zones this week. We encourage police forces to increase patrols and speed enforcement within school zones throughout the school year. Iacobelli Law Firm is an Ontario personal injury and wrongful death law firm. We representing the families of those that have lost loved ones in fatal accidents throughout Ontario. If you have lost a loved one or have sustained serious injuries as a result of a car accident, contact us for a free consultation at 416-900-1070 or 1-866-234-6093 or complete our online contact form here. Connect with Andrew Iacobelli on Google+ On June 10, 2013, a female pedestrian was struck by a car that left the roadway and mounted the curb in Vaughan, Ontario. Sadly, the female pedestrian, who was only 28 years of age, was killed as a result of this Vaughan pedestrian accident.
According to information provided by the York Regional Police, a 2011 Lexus ES350 sedan travelling northbound on Thornhill Woods Drive struck the female pedestrian and her dog who were walking on the sidewalk on the west side of the roadway. The York Regional Police have charged the driver of the Lexus following this fatal pedestrian collision in the City of Vaughan. The driver of the vehicle has been identified as Betty Kestenberg, 85, of the City of Vaughan. She has been charged with the following: Stunt Driving – Exceed More than 50 km/h over the Speed Limit Careless Driving Fail to Properly Wear Seatbelt. This fatal Vaughan accident is a sad reminder of the frailty of human life, and the importance of driving safely and responsibly at all times. We offer our sincere condolences and support to the family of the young woman that was tragically killed in this Vaughan accident. If you have lost a family member as a result of a fatal accident, contact a York Region fatal accident lawyer to learn about your rights. We offer free and confidential consultations with an Ontario personal injury lawyer. To learn more or to request a free consultation, call us at 416-900-1070 or toll free at 1-866-234-6093 or complete our online contact form here. Connect with Andrew Iacobelli on Google+ Motorcycle Accident Lawyer: Fort Erie Fatal Motorcycle AccidentThere are reports of a fatal motorcycle accident in Fort Erie, Ontario on July 2, 2013. This fatal motorcycle accident is under investigation by the Niagara Police. Early reports suggest that the motorcyclist was travelling eastbound on Dominion Road, when it was involved in a collision with an SUV. Sadly, the driver of the motorcycle sustained fatal injuries. First and foremost, we offer our sincere condolences to the family and friends of the motorcycle rider that was killed in this accident. The Niagara Police were investigating the cause of the crash, and Dominion between Kraft and Brighton Avenue was closed. At this time, it is unknown how the collision occurred. Many fatal motorcycle accidents in Ontario occur when drivers of other vehicles fail to observe the motorcycle. Often, front end collisions for motorcycles are the result of cars or trucks pulling out of driveways or turning across the path of an approaching motorcycle.
Ontario Motorcycle accidents are vigorously defended by insurance companies. If you have lost a loved one as a result of a fatal motorcycle accident, it is important to speak with an experienced Ontario motorcycle accident lawyer. A motorcycle accident lawyer can help you make informed decisions for your future. For a free consultation with an Ontario motorcycle accident law firm, call us at 416-900-1070 or toll free at 1-866-234-6093. Connect with Andrew Iacobelli on Google+ There was a fatal pedestrian accident in Vaughan n the evening of Monday, June 10, 2013. A vehicle was travelling northbound on Thornhill Woods Drive near Summeridge Drive in Vaughan, and then mounted the sidewalk and struck a 28 year old female pedestrian. Sadly, the young female pedestrian succumbed to her injuries at the scene. First, and foremost, Iacobelli Law Firm offers sincere condolences to the family and friends of the young woman that tragically lost her life in this Vaughan pedestrian accident. This fatal pedestrian accident is under investigation by the York Regional Police. Officers with the Collision Investigation Unit are seeking witnesses, and anyone with information is asked to contact the Collision Investigation Unit at 1-866-876-5423, ext. 7704, Crime Stoppers at 1-800-222-TIPS, leave an anonymous tip online at www.1800222tips.com, or text your tip by sending TIPYORK and your message to CRIMES (274637) starting with the word YORK. Inquires or questions are always welcome at [email protected]. Vaughan Lawyer for Fatality and Pedestrian AccidentsFollowing a fatal pedestrian accident, the family may be able to bring an insurance claim for their economic losses and pain and suffering losses. These claims, often referred to as wrongful death claims are among the most egregious of personal injury claims. It is difficult for families to seek legal counsel during the time of mourning the loss of their loved one. Unfortunately, the insurance company recognizes this and may be aggressive in its effort to settle these claims before the family has the opportunity to consult with a lawyer. If an insurance company representative is contacting you after a fatal accident, it is time to call a personal injury lawyer. Know your rights before you speak with the insurance company.
Our Ontario personal injury law firm provides free, no obligation, consultation to families that have lost a loved one as a result of a car accident or pedestrian accident in Ontario. To request a free consultation with an Ontario wrongful death and personal injury lawyer, call us at 416-900-1070 or toll free at 1-866-234-6093 or complete our online contact form. Connect with Andrew Iacobelli on Google+ York Region Injury Lawyer Discusses Fatal Car Accident at Highway 7 and Edgley in Vaughan, Ontario3/1/2013
There are reports this morning of a serious multi-vehicle car accident that occurred at Highway 7 and Edgley in the City of Vaughan. According to the York Regional Police, four people were transported to hospital with injuries as a result of this Vaughan car accident on March 1, 2013. Sadly, a female occupant of one of the involved venicles has died as a result of her injures. This Vaughan Ontario fatal car accident is under investigation by York Regional Police, and the accident scene will remain closed throughout the morning. First and foremost, Iacobelli Law Firm offers its sincere condolences to the family and friends of the woman who has died as a result of this fatal car accident. We also hope that all of the others involved will make a speedy and complete recovery from their injuries. In Ontario, there are insurance laws in place to afford some level of financial protection when people are injured or killed in car accidents. The family of the woman who was killed in this car accident, will be entitled to death benefits throught insurance. The drivers and passengers that were injured in this muti-car accident in Vaughan, will be able to bring insurance claims for accident benefits. Ontario accident benefits provides a variety of coverages, includes loss of income and medical and rehabilitation expenses. In addition, those that are injured or killed due to the fault of another vehicle, can also advance a tort claim against the at-fault driver. This type of claim provides additional compensation, and is typically paid by the at-fault driver's insurance company. Navigating the insurance claims process following a serious motor vehicle accident is difficult, and it is important to speak with an Ontario personal injury lawyer early. A Ontario injury lawyer can assist with coordinating benefits and filing paperwork with the insurance company in order to preserve your claim. There are time limits that must be followed in order to advance claims following an Ontario car accident. If you or someone you love has been hurt or killed in a serious motor vehicle crash, call our Ontario car accident law firm for a complimentary and confidential consultation. If we take on your claim, we charge no fees until your claim is resolved. Call us at 416-900-1070 or toll free at 1-866-234-6093 or complete our online contact form here. Connect with Andrew Iacobelli on Google+
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