Who can file a claim for a wrongful death in Ontario will depend on the circumstances of the particular case. 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 again 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) 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.
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. Sadly, fatal accidents in Ontario remain all too common. 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.
In Ontario, when someone is killed as a result of the negligence of another person or company, the surviving family members may be able to make a claim for wrongful death benefits. Wrongful death compensation can include claims for the loss of guidance, care, companionship, support and services of their loved one.
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.
Contingency Fee Lawyer for Fatal Accident Claims
In recognition that the loss of a loved one commonly result in serious financial hardship, we offer contingency fee retainers, so that you pay no fee unless you win.
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