The truth is that fatal car accidents in Ontario are rather common. The loss of a beloved member of your family or friend is always going to be tremendously devastating. However, the truth is that it could be even more traumatic when it has happened suddenly and it was particularly caused by someone else’s incompetence. However, the sad truth is that these accidents remain quite common in the province of Ontario. While it’s only natural and incredibly understandable that you are going to need to take your time to mourn the loss of the loved one, you owe it to your family to and to yourself to seek the reparation of the tremendous harm that’s been caused.
How is compensation sought after in Ontario?
In the province of Ontario, when someone has tragically passed away as a result of fatal motor vehicle accidents, his family members are fully entitle to make a wrongful death claim and seek compensation for their losses. They can get quite extensive as they include a majority of things such as compensation for loss of care, companionship, guidance, support a well as service. As you can see for yourself, these involve both emotional and fully physical damages and that’s the main differentiation. However, it’s also important to understand that some of the damages are going to be covered by the insurance company as the Insurance Act of Ontario is in force and it would take effect in cases like that.
Claiming damages from an emotional essence
Compensation for loss of guidance, companionship and support, for instance, are the typical emotional damages which are being sought after in the majority of fatal car accidents in Ontario. However, there are quite a few things that have to be taken into consideration. First of all, the exact amount of damages which is going to be awarded is fully dependant on the discretion of the judge. He is the only one entitled to make this a reality and he is going to take every circumstance in thorough consideration. They can’t be proven with physical documentations and they should be assessed as a reflection on the mentality and the consciousness of the surviving family members.
Claiming physical damages
These are the pecuniary damages and they have a more explainable nature which is far easier to comprehend. These are the damages that the surviving family members had to sustain as a direct result of the loss of their loved one. They might include pre-mortal medical bills as well as the costs for the funeral and also the loss of financial support, provided that the member who’s passed away played an active role in supporting his family with finances. If that is proven then you as next of kin is eligible to get compensated by the defendant or their insurance company.
However, it is important to have a good lawyer’s support to ensure there are no loopholes to be exploited by the other party.
We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!