By Matt Lalande in Wrongful Death on March 20, 2024
In Ontario, the legal concept of wrongful death does not exist in the same manner as it does in the United States. Instead, the compensation for the loss of a loved one is governed by the Family Law Act. This legislation outlines the rights and obligations of family members in the event of a death caused by negligence or wrongful acts.
Under the Family Law Act, certain family members, such as spouses, children, parents, and siblings, may be entitled to claim damages for their losses, including the loss of care, guidance, and companionship, as well as pecuniary losses like funeral expenses and the loss of financial support.
When assessing damages for the loss of care, guidance, and companionship due to a wrongful death, there are various factors taken into consideration by our Courts, including the relationship with the deceased, financial dependency, loss of income and support, incurred expenses, the loss of care, guidance and compannionship, the age, health and life expectancy of the deceased.
Non-pecuniary damages aim to provide monetary compensation for the intangible loss of care, guidance, and companionship suffered by the bereaved. The court evaluates the depth of the relationship, the degree of emotional reliance on the deceased, and the impact of the loss on the claimant’s life. These damages are subjective and are determined based on judicial discretion and precedent, reflecting the personal nature of each claimant’s loss.
Pecuniary damages, on the other hand, are awarded to cover the tangible financial losses resulting from the death. This includes the loss of financial support that loved ones were receiving from the deceased. The individuals who can make such a claim include the spouse, children, grandchildren, parents, grandparents, siblings, and any other person who was dependent on the deceased for financial support. The FLA allows for the recovery of various types of damages, including actual expenses incurred for the benefit of the deceased, funeral expenses, and most importantly, the loss of income that the deceased would have provided to the claimant(s) if they had not died.
The objective in awarding both non-pecuniary and pecuniary damages is to provide a holistic compensation package that addresses both the emotional and financial ramifications of the wrongful death, tailored to the specific circumstances and needs of the bereaved family members.
Yes, in calculating damages for the loss of care, guidance, and companionship in wrongful death cases, the life expectancy of both the deceased and the plaintiff(s)is a significant factor. This consideration helps to estimate the duration over which the plaintiff would have reasonably expected to receive care, guidance, and companionship from the deceased had the wrongful death not occurred. The principle behind incorporating life expectancy into the calculation is to provide a measure of compensation that reflects the extent of the loss as accurately as possible.
For the deceased, a longer expected life span suggests a longer period during which they would have continued to provide care, guidance, and companionship to the plaintiff. Therefore, a younger deceased individual might result in a higher compensation award, reflecting the longer duration of the loss suffered by the plaintiff. Conversely, if the deceased was significantly advanced in age, the expected period of future companionship might be shorter, potentially leading to a lower award.
Similarly, the life expectancy of the plaintiff is relevant because it indicates how long the plaintiff would have benefitted from the deceased’s care, guidance, and companionship. For younger plaintiffs, especially children, the loss is considered over a longer future period, potentially increasing the compensation amount. For older plaintiffs, the calculation considers a shorter period of expected benefit, which might result in a lower award.
These considerations aim to tailor the compensation to the specific circumstances of each case, ensuring that the award is fair and reflects the personal loss experienced by the plaintiff. However, it’s important to note that these calculations are complex and involve many variables. Courts often rely on expert testimony to estimate life expectancies and to understand the nuances of each case. The ultimate goal is to arrive at a compensation figure that, as much as possible, mitigates the loss suffered by the bereaved, recognizing that no monetary award can fully compensate for the loss of a loved one.
Our Hamilton Wrongful Death Lawyers are aware that the sudden loss of a loved one in an accident can plunge families into grief and devastation which can envelop them in emotional turmoil.
We recognize that no amount of money can ever replace your loved one, but it can help alleviate financial burdens and provide a sense of closure. If your family has suffered a devastating loss, please don’t hesitate to reach out to our Hamilton Wrongful Death Lawyers for a free consultation. Let us fight for your rights while you focus on healing and honoring the memory of your cherished family member.
Call us today, no matter where you are in Ontario, at 1-844-LALANDE or local throughout Ontario at 905-333-8888. Alternatively, you can send us a confidential message through our website and one of our intake clerks will get right back to you.
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