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.