The most common source of wrongful death claims in Ontario are motor vehicle collisions which were caused by another driver’s negligence or recklessness. While mostly referred to as wrongful death claims, you may also encounter the titles “wrongful death lawsuit” or “wrongful death action” which describe the same legal action.
How To File A Wrongful Death Claim?
Such lawsuits serve the purpose of obtaining compensation for the bereaved, and are filed with the civil courts, and against the party found liable for causing the accident. In some cases, the civil action may also be accompanied by criminal action, i.e. in cases in which the liable party is found to have been driving while intoxicated or discovered to have been violating the law in any other way. Fatalities in auto accidents is the most severe aspect of the accident and the loss of a loved one is irreplaceable. However, as per the tort laws, as next of kin/spouse of the deceased, is entitled to receive compensation for loss of future wages, loss of consortium (only spouse), sustained injuries and medical treatment and more. Seeking assistance from Personal Injury Lawyer in Mississauga is best.
Who Can File A Wrongful Death Claim?
The Ontario Family Law Act states that any spouse, child, or family member of the deceased could be entitled to file such a lawsuit against the liable party. The liable party could be a single person, a company, or the guilty party’s insurance company. However, in the majority of cases, it will always ultimately be the insurer who provides the claimant with the awarded compensation.
How Is The Height of Compensation Determined?
While no financial compensation in the world will ever be able to make up for the loss of a loved one, there still needs to be a way of putting a value on such a claim, so that the bereaved can obtain at least some form of justice. However, financial compensation cannot just be recovered for physical or financial losses, but also for emotional pain and suffering.
Pecuniary Losses are among the most commonly awarded damages. The purpose of these damages is to provide the bereaved with financial support for the financial losses they have suffered as a result of the wrongful death. This can include compensation for losses in financial contribution the victim would have normally provided to the bereaved. The damages ultimately awarded need to adjust to inflation and consider a future loss of income.
Actual expenses are more straightforward and include medical expenses, funeral costs, travel costs for the bereaved throughout potential hospital stays prior to the death, and potentially also nursing or housekeeping costs. The more financial losses were suffered, the more compensation will be granted to the bereaved.