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The loss of a loved one is a devastating blow, and when that loss is caused by another's negligence, the pursuit of justice and fair compensation becomes paramount. While no amount of money can truly replace a life, understanding the legal framework for calculating damages in wrongful death claims is essential. In Canada, these claims often hinge on two key components: damages under the Family Law Act and damages for the estate.
The Family Law Act allows family members to recover pecuniary losses resulting from the death, including funeral expenses, loss of income, and the profound loss of care, guidance, and companionship. Cases like Moore v 7595611 Canada Corp have acknowledged that there's no legislative cap on these damages, giving juries significant discretion in determining appropriate awards. Other decisions, such as To v Toronto Board of Education, Campeau v Ontario, and others, have further shaped the landscape, providing valuable guidance for calculating damages based on factors like the relationship with the deceased and the specific circumstances of the loss. In addition to Family Law Act damages, the Trustee Act allows for compensation for the period between the injury and death, encompassing the deceased's pain and suffering. Cases like Adair Estate v. Hamilton, Campeau v. Ontario, and more have illustrated how factors such as the duration and severity of pain, the deceased's awareness of impending death, and the time elapsed between the negligent act and death all play a role in assessing these damages. A critical aspect of wrongful death claims is the calculation of economic dependency damages, which are based on the portion of the deceased's net income that was used to support dependents. This calculation often involves choosing between different methods, such as the sole dependency, modified sole dependency, and cross-dependency approaches. Each method has its own implications, and selecting the most appropriate one requires careful consideration of the family's financial situation and the deceased's income contribution. Case law, including Nielson v Kaufmann and Hechavarria v Reale, has played a significant role in shaping the understanding and application of these dependency methods. Recent cases continue to explore the nuances of these calculations, demonstrating the complexities involved in determining fair compensation for economic dependency losses. Beyond these core components, additional factors like the loss of benefits, pensions, and the impact of remarriage, divorce, and retirement age can also influence the calculation of damages. A thorough understanding of these factors, combined with a careful analysis of relevant case law, is crucial for building a strong case and maximizing the value of your client's fatality claim. If you have lost a loved one in , don’t hesitate to reach out to us. Together, we can pursue justice for your loved one and help bring a sense of closure to your family. Have Questions? Contact Us Today for a 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, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims.
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 As the weather warms up in Ontario, more and more cyclists are hitting the roads and trails to enjoy the beautiful outdoors. While cycling is a great way to stay active and enjoy the scenery, it's important to be prepared for the unexpected. Accidents can happen, and knowing what to do in the aftermath of a bicycle accident is crucial for your safety and legal protection.
At Iacobelli Law Firm, we are committed to helping cyclists understand their rights and navigate the complexities of personal injury claims. Here are the essential steps to take if you are involved in a bike accident:
Learn More: Watch Our YouTube Video For a more in-depth look at what you should do if you are involved in a bike accident, watch our informative YouTube video: What You Should Do if You Are Involved in a Bike Accident. This video provides additional tips and expert advice to help you stay informed and prepared. If you or a loved one has been involved in a bicycle accident, our experienced legal team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today for a free consultation and ride safely! For more information and legal assistance, visit our website at iacobellilaw.com. 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, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. Disclaimer: This blog is informational only and not a substitute for legal advice. Every case is unique, and you should always consult an attorney about your specific situation. 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". There have been several serious accidents involving bicycles on Toronto and GTA roadways this November. This morning, there are reports of another cyclist that was injured in a collision with a motor vehicle. This most recent bicycle accident occurred during the early morning on Friday November 22, 2013 in the Lakeshore Road and Dixie area. Earlier this week, Adrian Dudzicki, a Canadian Squash player, died as a result of injuries after he was struck by a vehicle while riding his bicycle.
First and foremost, we offer our sincere condolences to the family and friends of Adrian Dudzicki for their sudden and tragic loss. We also hope that the cyclist that was struck this morning, will make a speedy and complete recovery from his injuries. Although bicycle accidents in Toronto and the GTA can happen year round, there is a greater risk for cyclist and pedestrian accidents when it is dark and the weather is poor. With the colder weather, pedestrians and cyclists tend to wear heavier and darker coloured clothing. With less daylight, it is also more difficult for drivers to see pedestrians and cyclists. Drivers need to exercise caution, particularly in urban areas, and be on the lookout for pedestrians and cyclists. At the same time, if you are walking or riding your bicycle, it is important to make sure you are clearly visible to drivers. Wear reflective or bright coloured clothing. Do not assume that a driver has seen you and will yield; try to make eye contact with drivers of vehicles. What Rights Do You Have As a Cyclist if You Are Hit by a Car in Toronto or elsewhere in Ontario? Cyclists and pedestrians that are injured in an accident with a car, may be able to claim compensation from their own auto insurance policy, if they have one, and from the insurance policy for the car that struck them. These claims are referred to as Accident Benefits from your own auto insurance policy and the Tort Claim against the at-fault driver. What are the rights of family members of a pedestrian or cyclist who is killed as a result of an Ontario car accident? In Ontario, when a pedestrian or cyclist is killed as a result of a car accident, the surviving family members may have a claim for wrongful death. A bicycle or pedestrian fatality claim is a civil claim and it does not assign criminal responsibility for the death. Most often the proceeds are paid by an insurance company from the vehicle that caused the accident. Talk to a Toronto Bicycle Accident Lawyer About Your Rights: If you were injured in a bicycle or pedestrian accident, or if you have lost a loved one, call us for a Free Consultation. We offer prospective clients a free, confidential, and no-obligation consultation with an experienced bicycle and pedestrian accident lawyer. To request a free consultation, call us at 416-900-1070 or toll free at 1-866-234-6093. Connect with Andrew Iacobelli on Google+ 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+ 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+ Markham Fatal Bicycle Accident on York Durham Line on August 25, 2013A bicycle rider was struck and killed by a car in a Markham accident that occurred on Sunday, August 25, 2013, at 12 p.m. This fatal Markham bicycle accident occurred on York Durham Line near the intersection at Elgin Mills Road. According to information released by the York Regional Police, a blue 2007 Honda FIT was travelling southbound on York Durham Line, and then crossed the centre line, striking the cyclist. The cyclist was a 63-year-old man from the Town of Pickering. First and foremost, Iacobelli Law Firm would like to offer our sincere condolences and support for the family and friends of the man that tragically lost his life in this Markham bicycle accident. The York Regional Police were investigating the circumstances of this Markham fatal bicycle accident. Officers with the York Regional Police Collision Investigation Unit are seeking witnesses. Anyone with information is asked to contact the Collision Investigation Unit at 1-866-876-5423, ext. 7704, or to call Crime Stoppers at 1-800-222-TIPS, or 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 also welcome at [email protected]. Markham Bicycle Accident LawyerAs a Markham Ontario personal injury lawyer, we are often asked whether the family has a right to compensation following a fatal bicycle accident. The answer is Yes. If a cyclists is struck and killed as a result of a car accident in Markham, or anywhere else in Ontario, the family will have the right to seek compensation. These claims are typically referred to as wrongful death claims. An Ontario wrongful death lawyer can help the family obtain compensation for their losses from the insurance company for the at-fault vehicle. Among other things, the family will be able to seek compensation for the loss of care, guidance and companionship of their loved one. Ontario wrongful death claims resulting from bicycle accidents are complex, and you should speak to a dedicated injury lawyer without delay.
Iacobelli Law Firm practices exclusively in the area of personal injury and insurance claims. We can help if you have lost a loved one as a result of a bicycle and car accident. To request a free consultation, call us at 416-900-1070 or 1-866-234-6093 or complete our online contact form here. Connect with Andrew Iacobelli on Google+ There are reports of a fatal accident involving a motor vehicle that hit a bicycle rider on Victoria Road East in Whitby Ontario. This fatal cyclist and car accident occurred on Monday April 16, 2012. We would like to offer our sincere condolences to the family and friends of the man who was killed in this fatal accident in Whitby, Ontario. Sadly, each year many cyclists in Ontario are killed or suffer serious personal injury from motor vehicle accidents. These accidents are often the result of drivers not paying attention to cyclists sharing the road. In this particular case, Durham Regional Police were investigating the circumstances of this fatal bicycle accident.
More information would be necessary in order to determine the cause for this fatal bicycle accident. However, if the driver of the motor vehicle is found to be at fault, it could lead to the filing of a Ontario lawsuit. If such a lawsuit is filed, and if it is successful, it could lead to an award of damages for the family of the man who tragically lost his life. If you or someone you love has been hurt or killed in a serious motor vehicle crash, you can obtain help from an Ontario personal injury lawyer. For a complimentary consultation with a dedicated personal injury lawyer, contact Iacobelli Law Firm. |
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