Does Ontario Family Law Cover Wrongful Death Claims?

Unfortunately, wrongful death lawsuits in Ontario are particularly common in civil courts. When someone is fatally injured because of the maleficence of another individual, the family members of the victim are entirely entitled to file a lawsuit against the party at fault for wrongful death. This claim could be brought up against different individuals. However, something that needs to be accounted for is that the same claim can also be filed against companies as well as against government agencies.

In the Ontario province, claims of such types are most commonly filed as per the regulations set forth in Part 5 of the Ontario Family Law Act. This is a unique statute which regulates the rights pertaining to the spouses and the dependents on matters which involve inheritance, property, prenuptial agreements as well as different separation agreements and others of the kind. The purpose of this act is to incentivize and to strengthen the overall role of the family.

About the current laws

This is the part of the Family act which is known to define the regulations for the wrongful claim. This includes children, grandparents, spouses, siblings as well as grandchildren as people who are actually capable of filing the claim. Essentially, any other close blood relatives who were actually dependent in any other way can actually file a claim on their behalf.

The damages to be considered

Now, as you can probably understand, the essence of a wrongful death claim is a bit different than other claims for damages for personal injury. However, the damages which are subjected to compensation are usually quite similar and they would oftentimes fall within the same category of compensatory damages as others. These are usually the actual losses which were and are to be borne by the dependents of the deceased. There are both economic and non-economic damages which are going to be discussed and potentially recovered. The former include regular bills and loss of income while the latter are the damages for the loss of a loved one and the loss of companionship – this is something that the dependent claims personally.

In any case, the thing that you need to understand is that there are quite a lot of different varied considerations and specifications surrounding every single wrongful death case. Usually quite a lot of interests are involved and it’s important to act properly and with professionalism. This is the main reason for which you might want to hire a personal injury lawyer to handle this entire thing. You can rest assured that he will recover what’s possible and legally allowed in terms of compensation and help your deceased loved one get the justice that he or she deserves. Working closely with an injury lawyer that has had considerable success in wrangling out high amounts as compensation for their past clients is necessary. With many lawyers offering such services, it is best to get your case evaluated and work with them on an contingency basis so that there are no upfront legal costs to take care of.

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