WRONGFUL DEATH CLAIM
The passing of a loved one as a result of an unexpected accident is tragic and heartbreaking. We sympathize with the family and loved ones of the victim. Sadly, you cannot bring back your loved one, however you may be able to seek compensation for their loss if it occurred as a result of negligence in the workplace, or another individual or entity.
There are typically two different types of cases that can be advanced as a result of a wrongful death. The first type of claim that may be brought is on behalf of the estate of the deceased. The second type of claim that may be brought is called a Family Law Act claim by family members of the deceased. A family member is classified as a parent, spouse, common law partner, grandparent, sibling and children.
To be successful in a wrongful death case, you will need to establish that the the defendant owed the victim a duty of care, the defendant’s failure to provide this duty of care directly resulted in the wrongful death of the victim and the defendant’s failure to provide this duty of care directly resulted in the wrongful death.
Ultimately, because every case is different, the only way to determine the viability of your wrongful death claim is to contact a personal injury lawyer in Ontario.
Compensation includes not only the income that your loved one would have provided to your household throughout their life, but also for your loss of care, guidance and companionship as a result of their death under the Family Law Act. You can also seek compensation for funeral expenses.
Though the actual amount varies from case to case, damages in a wrongful death case are typically structured so that the surviving spouse or family member receives a percentage of the net income of the deceased from the time of death to the end of their career.