Wrongful Death Vs Survival Actions In A Car Accident Case In Ontario

Ontario is the state with the most car accidents in Canada. As unfortunate as it may be, car accidents are also the most tremendously dangerous road-traffic accidents and are therefore the cause of thousands of deaths every year. Throughout the moment of the crash, passengers and the driver are subjected to immense shearing and gravitational forces which could result to dramatic injuries and, unfortunately, in death. However, from a legal stand point, there is a huge difference between both outcomes, so let’s go right ahead and take a look at the actions that follow in each scenario.

Wrongful death – how to proceed

Now, the characteristic feat of a wrongful death claim is that the primary claimant has deceased. This is why the Family Act of Ontario clearly states the people who are actually capable of making the claim on his behalf. There are certain limitations which also need to be taken into account. For instance, the claimant in a wrongful death case can’t claim pain and suffering as damages because this is considered to be highly unethical. Of course, he can claim damages for loss of the loved one, emotional distress on his behalf, income replacement benefits, and actual damages incurred by the family, damages in relation to the funeral and same.

Survival actions

The first thing that a victim in a car accident needs to do is to contact emergency medical attention. Of course, that’s in case there is a necessity. In any case, there is obviously a huge difference in these situations. When the victim has survived the car crash he might have the capacities to file the claim on his own. If he doesn’t then the same people under the Family Act as mentioned above can do it on your behalf. However, this time, they are also capable of filing for pain and suffering as the victim is still alive and they can be assessed. However, it is important to discuss and talk with an injury lawyer that understands your requirements.

There are a lot of benefits which can be claimed in a wrongful death case but there are even more in a survival case. Basically, the survival, especially if he’s not at fault, is in his full range of rights to claim compensation for everything that’s covered by the insurance and above that. Your lawyer will be able to negotiate a settlement that might be the easiest way to conclude the claim.

It’s important to be aware of these things because Ontario is a dangerous place to drive, obviously. Even though the regulations regarding the road traffic are stringent and strict, the accidents don’t seem to reduce. However, it’s also important to know that a lot of these are not so serious and it’s only a matter of insurance coverage. However, they remain the largest cause of deaths in Canada in terms of personal injury.

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