Ontario Wrongful Death and Fatal Accident Law FirmOntario Lawyer for Fatality Accidents and Wrongful Death ClaimsThe loss of a loved one is never easy, and wrongful death cases are heartbreaking. Losing a loved one is even more difficult to accept when the loss, while both tragic and unexpected, occurs because of the negligence of another individual or corporation. An Ontario lawyer that focuses on personal injury and wrongful death claims can help you get justice.
In Ontario, when someone dies as a result of the actions or negligence of another person, the surviving members of the deceased’s family can pursue a claim for wrongful death. Learn more about who can file a Wrongful Death claim in Ontario. Representing the most egregious form of personal injury, wrongful death claims are civil cases — they do not assign criminal responsibility for the death. Among other damages, the family of a person killed in an accident may be able to obtain compensation for the loss of guidance, care and companionship of their loved one. Learn more about the damages/money that can be recovered by family members in a wrongful death case. Many wrongful death claims arise out of fatal motor vehicle accidents, such as fatal car accidents, fatality motorcycle accidents, and fatality pedestrian accidents. Although less common, wrongful death can also occur as a result of a trip and fall or injury that occurs on a commercial or public property. |
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What is a Wrongful Death Case
In Ontario, a wrongful death claim is a civil case for damages (money), which is brought on behalf of certain family members and the Estate of the deceased. The case is brought on behalf of the family members of a decedent for the loss of their loved one. The estate of the victim also has an independent claim under Ontario law called a survival action. Ontario law allows certain family members of the victim to recover their losses, such as expenses incurred, funeral expenses, and an amount to compensate for the loss of guidance, care and companionship.
The rights of the victim's family to bring a claim for their losses are provided by Statute in Ontario. Specifically, Part V of the Family Law Act provides the right to obtain compensation for financial losses and loss of companionship of the resulting from the untimely death of the victim. This Ontario statute also identifies the relatives that are allowed to bring a wrongful death claim. Under Ontario law, the family members that are allowed to bring a claim for wrongful death include the following:
spouse,
children,
grandchildren,
parents,
grandparents,
brothers and sisters.
It is also important to note that individuals living in common-law are able to make a wrongful death claim as a spouse.
Is there a Statute of Limitations (Deadline) to Make a Wrongful Death Claim?
The Ontario Limitations Act governs the limitation period for filing a wrongful death claim in Ontario. The basic limitation period in Ontario for a wrongful death claim is two years. There are some exceptions to this rule, but this is the typical limitation deadline applicable to a wrongful death claim. It should be noted that the deadline applies to the actual filing of a claim in Court. It is risky to wait, as there may be things that need to be done or investigated before a claim can be filed. Waiting to long might make it difficult for a lawyer to prepare the wrongful death claim within the limitation period.
What Are the Grounds for a Wrongful Death Lawsuit?
Ontario wrongful death lawsuits are typically based on the same grounds as other personal injury lawsuits. The majority of wrongful death claims arise because of the negligence of another individual or company, which resulted in the fatality. This can include a wide range of events or accidents, including car accidents, pedestrian accidents, motorcycle accidents, premises liability, and even slip and falls.
Who Pays For a Wrongful Death?
Wrongful death settlements and verdicts are almost always covered by an insurance policy. Most individuals and companies will have insurance coverage in the event that their negligence results in the injury or death of another person. In our experience, every wrongful death claim we have handled has been paid by an insurance company.
In Ontario, a wrongful death claim is a civil case for damages (money), which is brought on behalf of certain family members and the Estate of the deceased. The case is brought on behalf of the family members of a decedent for the loss of their loved one. The estate of the victim also has an independent claim under Ontario law called a survival action. Ontario law allows certain family members of the victim to recover their losses, such as expenses incurred, funeral expenses, and an amount to compensate for the loss of guidance, care and companionship.
The rights of the victim's family to bring a claim for their losses are provided by Statute in Ontario. Specifically, Part V of the Family Law Act provides the right to obtain compensation for financial losses and loss of companionship of the resulting from the untimely death of the victim. This Ontario statute also identifies the relatives that are allowed to bring a wrongful death claim. Under Ontario law, the family members that are allowed to bring a claim for wrongful death include the following:
spouse,
children,
grandchildren,
parents,
grandparents,
brothers and sisters.
It is also important to note that individuals living in common-law are able to make a wrongful death claim as a spouse.
Is there a Statute of Limitations (Deadline) to Make a Wrongful Death Claim?
The Ontario Limitations Act governs the limitation period for filing a wrongful death claim in Ontario. The basic limitation period in Ontario for a wrongful death claim is two years. There are some exceptions to this rule, but this is the typical limitation deadline applicable to a wrongful death claim. It should be noted that the deadline applies to the actual filing of a claim in Court. It is risky to wait, as there may be things that need to be done or investigated before a claim can be filed. Waiting to long might make it difficult for a lawyer to prepare the wrongful death claim within the limitation period.
What Are the Grounds for a Wrongful Death Lawsuit?
Ontario wrongful death lawsuits are typically based on the same grounds as other personal injury lawsuits. The majority of wrongful death claims arise because of the negligence of another individual or company, which resulted in the fatality. This can include a wide range of events or accidents, including car accidents, pedestrian accidents, motorcycle accidents, premises liability, and even slip and falls.
Who Pays For a Wrongful Death?
Wrongful death settlements and verdicts are almost always covered by an insurance policy. Most individuals and companies will have insurance coverage in the event that their negligence results in the injury or death of another person. In our experience, every wrongful death claim we have handled has been paid by an insurance company.
Get The Answers To Your Questions From a Lawyer:
We recognize that you probably have a lot of questions about your rights following the wrongful death of a loved one. Our law firm offers all prospective clients a free case review. We understand that you want answers as soon as possible, without the obligation of having to retain a lawyer and pay hourly fees. If you have tragically lost a loved one as a result of the negligence of another person or company, contact a dedicated Ontario wrongful death and fatality claims lawyer to learn about your rights.
For a confidential and complimentary consultation, contact Iacobelli Law Firm, or call 1-866-234-6093. Our lawyers work tirelessly on behalf of victims to get you justice for your loss. Consultations are always free and there is absolutely no obligations.
Our firm has been lead counsel on behalf of victims in major wrongful death claims in Ontario, including the Downsview Park Radiohead Stage collapse fatalities and Toronto Community Housing fire fatalities.
We recognize that you probably have a lot of questions about your rights following the wrongful death of a loved one. Our law firm offers all prospective clients a free case review. We understand that you want answers as soon as possible, without the obligation of having to retain a lawyer and pay hourly fees. If you have tragically lost a loved one as a result of the negligence of another person or company, contact a dedicated Ontario wrongful death and fatality claims lawyer to learn about your rights.
For a confidential and complimentary consultation, contact Iacobelli Law Firm, or call 1-866-234-6093. Our lawyers work tirelessly on behalf of victims to get you justice for your loss. Consultations are always free and there is absolutely no obligations.
Our firm has been lead counsel on behalf of victims in major wrongful death claims in Ontario, including the Downsview Park Radiohead Stage collapse fatalities and Toronto Community Housing fire fatalities.
