In Ontario, a wrongful death claim is a legal action under the Family Law Act allowing certain family members to seek compensation when a loved one dies due to another’s negligence.
- Wrongful Death
- Navigating Grief and Justice: Understanding Wrongful Death Claims in Ontario
While the term “wrongful death” isn’t a standalone legal cause of action, the Family Law Act provides a pathway for certain family members to seek compensation when a loved one dies due to another’s negligence. This legislation allows spouses, children, parents, grandparents, and siblings to pursue claims for losses such as care, guidance, companionship, and financial support.
Understanding Wrongful Death Claims in Ontario
The sudden loss of a loved one is an unimaginable tragedy—one that leaves families reeling with grief, unanswered questions, and a profound sense of emptiness. In the days and weeks that follow, it’s not just sorrow that sets in, but a deep confusion about what comes next. How do you cope emotionally, and how do you begin to rebuild when a central figure in your life is gone?
For many families in Ontario, the pain is made even worse when the death was preventable, caused by someone else’s carelessness, negligence, or wrongdoing. Whether the loss occurred in a motor vehicle collision, a workplace incident, or due to a medical error, the sense of injustice can be overwhelming. In those moments, it’s natural to feel conflicted about what to do. You may not feel ready to speak to a lawyer, but you may also worry about how to support your family moving forward.
As Hamilton Wrongful Death Lawyers, we have met with families facing these exact questions. The legal system cannot ease your grief, but it can offer a measure of stability and accountability. A wrongful death claim isn’t about placing value on the life of the person you’ve lost—it’s about ensuring their death is not ignored, and that your family has the financial support needed to carry on.
If you’ve lost a loved one due to someone else’s negligence, pursuing a wrongful death claim may be an essential step in protecting your family’s future. It can provide financial security, recognize the profound impact of your loss, and hold the responsible party accountable. While no legal outcome can restore what’s been taken, experienced legal guidance can help ensure that your rights are preserved and your voice is heard. Our Hamilton Wrongful death lawyers are here to stand with you—compassionately and confidently—every step of the way.
Hamilton Wrongful Death Lawyer: How is Wrongful Death Defined in Ontario?
A wrongful death claim arises when a defendant owed a duty of care to the deceased person and breached that duty through a wrongful act, such as negligence or intentional misconduct, that leads to the deceased person’s death. This right is established under Section 61 of the Family Law Act (FLA). Such a claim is available to eligible family members under the Family Law Act.
In Ontario, the term “wrongful death” is not a standalone legal cause of action as it is in some other jurisdictions. Instead, claims arising from a person’s death due to another’s negligence are pursued under the Family Law Act, specifically Part V – Dependants’ Claim for Damages.
This legislation allows certain family members—such as spouses, children, parents, grandparents, and siblings—to seek compensation for the losses they have suffered as a result of their loved one’s death. These claims can include both economic damages, like funeral expenses and loss of financial support, and non-economic damages, such as the loss of care, guidance, and companionship. Understanding this legal framework is crucial for families considering a claim, as it outlines who is eligible to file and what types of compensation may be available.
Who Can File a Wrongful Death Claim in Ontario?
Section 61(1) of the FLA specifies that the following relatives may bring a claim if they have lost a deceased family member due to negligence:
- Spouse
- Children
- Grandchildren
- Parents
- Grandparents
- Siblings
These individuals can claim damages for the loss of care, guidance, and companionship that they might reasonably have expected to receive from the deceased if the injury or death had not occurred, with the date of the person’s death being relevant for determining eligibility and deadlines.
Types of Accidents That Can Lead to Wrongful Death Claims
Wrongful death claims can arise from a wide range of tragic accidents, each with its own unique circumstances and legal considerations. Some of the most common causes include motor vehicle accidents, such as car accidents, trucking accidents, motorcycle accidents or bicycle accidents. Pedestrian accidents and boating accidents also frequently result in wrongful death claims when someone else’s negligence leads to a fatal outcome. A motor vehicle accident can be the basis for a wrongful death claim, requiring careful legal evaluation. In addition, a negligent act—such as reckless driving or medical error—can serve as the foundation for a wrongful death case. Medical malpractice—where a healthcare provider’s error or omission causes a patient’s death—can also form the basis of a wrongful death case.
In each of these scenarios, it is essential to identify the responsible party, whether it is a negligent driver, a truck driver, a vehicle owner, or a medical professional. A personal injury lawyer with experience in wrongful death cases can help families determine if they have a valid wrongful death claim and guide them through the legal process. By seeking compensation for the loss of a loved one, families can address the financial and emotional challenges that follow such a devastating event. The emotional and financial impact of a loved one’s death, especially a loved one’s untimely death, can be overwhelming, making legal support crucial for recovery and justice. Families can begin the journey toward healing and justice.
Understanding NoWrongful Death Compensation: Non-Economic Damages
In Ontario, when a person dies as a result of negligence, the Family Law Act allows certain family members—such as spouses, children, parents, grandparents, and siblings—to claim compensation for the loss of care, guidance, and companionship they reasonably expected to receive from the deceased. The loss of a person’s life has profound emotional and practical consequences for surviving relatives. The sudden end of a person’s life can disrupt families and leave lasting effects on those left behind.
The assessment of these damages is highly individualized, with courts considering the nature and quality of the relationship between the claimant and the deceased person.
“Care” is typically interpreted as the emotional and practical support the deceased would have provided; “guidance” refers to mentorship, moral support, and advice; and “companionship” encompasses shared experiences, affection, and day-to-day emotional connection.
The amount awarded varies based on factors such as the closeness of the relationship, the claimant’s age, emotional dependence, and the impact of the loss, including the emotional toll of a loved one’s untimely death. Ontario courts have consistently emphasized that there is no precise formula for calculating these damages—each case must be assessed on its own unique facts.
Understanding Wrongful Death Compensation: Economic Damages
Under Section 61(2) of Ontario’s Family Law Act, certain family members of the deceased are also entitled to claim specific economic damages when a loved one dies due to another’s negligence. The law recognizes the right of the deceased person’s family to recover damages for the financial and emotional impact of the death. These damages are intended to compensate for actual financial losses incurred as a result of the death.
- Actual Expenses Incurred for the Deceased’s Benefit: Family members can recover reasonable expenses directly related to the care or benefit of the deceased prior to death. This includes medical bills, rehabilitation costs, or other necessary expenditures made on behalf of the deceased, including costs for medical care and related medical expenses incurred prior to death.
- Funeral Expenses: Reasonable funeral and burial expenses are recoverable. Claimants should retain receipts and documentation to substantiate these costs. A funeral benefit may also be available to help cover these costs, especially in cases involving motor vehicle accidents.
- Travel Expenses: If family members incurred travel expenses to visit the deceased during treatment or recovery before death, these reasonable costs can be claimed. This includes transportation, accommodation, and meals, provided they were necessary and directly related to the visits.
- Loss of Income or Value of Services Provided: If, due to the deceased’s injury before death, a family member provided nursing, housekeeping, or other services, they may claim:
- Loss of Income: Compensation for income lost while providing care. Lost wages can also be claimed if a family member missed work to care for the deceased.
- Value of Services: Even if no income was lost, claimants can recover the market value of the services provided. Courts assess this based on the type and duration of care, often referencing standard rates for similar services.
- Loss of Financial Support: Beyond Section 61(2), courts recognize claims for the loss of financial support the deceased would have provided. This includes:
- Past Financial Support: Income the deceased would have contributed from the time of injury to death.
- Future Financial Support: Projected earnings the deceased would have provided to dependents. Calculations consider factors like the deceased’s age, occupation, and life expectancy.
Courts may use approaches such as the “sole dependency” or “cross dependency” methods to determine appropriate compensation levels.
- Loss of Household Services: If the deceased performed household tasks—like cooking, cleaning, or maintenance—claimants can seek compensation for the loss of these services. The value is typically calculated based on the cost of hiring someone to perform similar duties, considering the number of hours the deceased would have contributed.
Families may face significant financial challenges after the loss of a loved one, including the burden of medical expenses, lost wages, and funeral costs. Wrongful death damages are intended to provide financial compensation for these losses and help the deceased family member’s dependents and other close relatives manage the resulting financial impact. Pursuing compensation is crucial to ensure that the dependents of a deceased family member receive the support they need to cope with these losses.
It’s essential to note that each claim is evaluated on its individual merits, and the amounts awarded can vary depending on the specific details of the case. Legal costs associated with pursuing a wrongful death claim may also be recoverable in some cases. Consulting with a legal professional experienced in wrongful death claims can provide guidance tailored to your situation. Pursuing compensation with experienced legal guidance can improve your chances of securing the full benefits and support you are entitled to.
What to Expect During the Claims Process
When a family member’s life is lost due to another person’s negligence or wrongful act, the process of pursuing a wrongful death claim can feel overwhelming. The journey typically begins with a free consultation with a Hamilton wrongful death lawyer who has experience handling wrongful death cases. During this initial meeting, the lawyer will listen to the details of the deceased person’s death, assess the circumstances, and explain the legal options available to the surviving family members.
As the claims process unfolds, the personal injury lawyer will work closely with the family to gather evidence that supports the wrongful death claim. This may include collecting medical records, police reports, witness statements, and documentation of expenses incurred as a result of the death. The lawyer will also help the family understand what types of compensation may be available, such as reimbursement for funeral expenses, lost income, and other financial losses. Throughout the process, the lawyer’s goal is to ensure that the family’s interests are protected and that they receive the support and guidance needed to navigate the legal system during this difficult time.
Benefits of Working with a Wrongful Death Law Firm
Choosing to work with a personal injury law firm that specializes in wrongful death cases can make a significant difference for families who have lost a loved one due to someone else’s negligence. A law firm with a proven track record in wrongful death cases brings a wealth of experience and resources to the table, offering exceptional legal representation that is tailored to the unique needs of each family.
By partnering with a dedicated law firm, families can seek compensation for a wide range of losses, including funeral expenses, medical expenses, and lost income. The law firm’s experienced team will handle all aspects of the legal process, from gathering evidence to negotiating with insurance companies, allowing families to focus on healing. In addition to legal expertise, a reputable law firm provides emotional support and guidance, helping families navigate the challenges that come with losing a loved one. With compassionate legal representation, families can pursue justice and secure the financial support they need to move forward.
Coping with the Loss of a Loved One
The loss of a loved one due to someone else’s negligence is a life-altering event that brings both emotional and financial challenges. Families may be faced with unexpected funeral costs, mounting medical expenses, and the loss of income that the deceased provided. Beyond the financial impact, the emotional toll of losing a loved one can be overwhelming, often leading to feelings of grief, anger, and frustration.
A wrongful death lawyer can play a crucial role in helping families seek justice and fair compensation for their losses. By guiding families through the legal process, a death lawyer can help alleviate some of the financial burdens associated with funeral costs, medical expenses, and lost income. More importantly, having a compassionate advocate by your side can provide much-needed support and reassurance during a time of profound loss. While no amount of compensation can truly make up for the loss of a loved one, pursuing a wrongful death claim can help families find a sense of closure and the resources they need to cope with the future.
Matt and his firm represented my family in a wrongful death case in 2019 and helped us recover enough money to help me get back on my feet, and get the kids through school. My husband was hit by a car on his bicycle. The tragedy still haunts me to this day. Matt did make things easy despite what we were going through. – Carol Desauliers September 2020.
How do I Find a Wrongful Death Lawyer Near Me?
Finding the right wrongful death lawyer near you is a crucial step in seeking justice and compensation after the loss of a loved one due to negligence. Here are several methods to help you locate a qualified wrongful death attorney in your area:
- Personal Referrals: Ask friends, family members, or colleagues if they can recommend a lawyer they’ve had a positive experience with. Personal referrals can provide insights into an attorney’s communication style, professionalism, and effectiveness.
- Online Reviews and Ratings: Google Reviews offer client reviews and ratings of attorneys. Reading these can help you gauge a lawyer’s reputation and client satisfaction.
- Hamilton Law Associations: The Hamilton Law Association, or the HLA, can provide you with a list of qualified wrongful death lawyers in your area. They often have referral services to connect you with lawyers who have experience in specific practice areas.
- Social Media and Networking Sites: Platforms like LinkedIn can be useful for researching attorneys’ backgrounds, areas of expertise, and endorsements from other professionals.
- Community Organizations: Community centers or support groups for those who have experienced loss may have resources or recommendations for lawyers who have assisted others in similar circumstances.
- Traditional Advertising (TV, Radio, Billboards etc.): While billboards, television commercials, and print ads can make a lawyer’s name familiar, they don’t always provide a complete picture of their expertise or success in handling wrongful death cases. Some firms may invest heavily in advertising but lack substantial experience in this specific area of law. Therefore, it’s crucial to conduct thorough research beyond the advertisements. Look into the lawyer’s track record, read client testimonials, and verify their credentials to ensure they have the necessary experience and a history of successful outcomes in wrongful death claims.
- Contact Lalande Personal Injury Lawyers: Our Hamilton wrongful death lawyers focus on wrongful death litigation, with a dedicated focus on cases involving children and pediatric injuries. Since 2003, our Hamilton-based team has represented families across the province, providing compassionate and experienced legal support during their most difficult times.
Lalande Personal Injury Lawyers is a leading personal injury law firm with a proven track record in wrongful death and serious injury cases. Our law firm is dedicated to providing exceptional legal representation and has an experienced team of personal injury lawyers. We have extensive experience in personal injury law and handling personal injury claims, including cases involving car accidents, motor vehicle accidents, bike crashes, and other fatal or catastrophic incidents. Our team works diligently to identify all responsible parties and at-fault parties to secure maximum compensation for our clients. We regularly negotiate with the insurance company to ensure our clients receive fair settlements for their personal injury claim or wrongful death case.
Our firm has extensive experience handling wrongful death claims arising from various tragic circumstances, including motor vehicle accidents, pedestrian incidents, and other fatal events. We assist clients in filing a wrongful death lawsuit and guide them through the legal process, from determining eligibility to pursuing damages and meeting filing deadlines. We understand the profound impact such losses have on families and are committed to pursuing justice and fair compensation on their behalf.
We offer a free consultation to discuss wrongful death, personal injury, and serious injury claims, ensuring you have access to experienced legal guidance without any upfront cost.
eir experience with similar cases, their approach to client communication, and their fee structures. It’s essential to choose an attorney who not only has the requisite legal expertise but also demonstrates empathy and understanding during this challenging time.
Contact our Hamilton Wrongful Death Lawyers for a Stress-Free, No-Obligation Consultation Today.
Losing a loved one due to someone else’s negligence is an unimaginable tragedy, leaving families in profound grief and searching for answers. At Lalande Personal Injury Lawyers, we understand that no amount of compensation can replace the presence of a cherished family member. However, pursuing a wrongful death claim can provide a sense of justice and financial support during this challenging time.
Our firm has been dedicated to assisting families across Ontario, including those in Hamilton, in navigating the complexities of wrongful death claims. We have particular experience in cases involving pediatric injuries and fatalities, offering compassionate and knowledgeable legal representation tailored to each family’s unique circumstances.
If you’re facing the aftermath of such a loss, we encourage you to reach out for a free, no-obligation consultation. You can contact us at 905-333-8888 or fill out a confidential contact form today. We operate on a contingency fee basis, meaning you won’t pay any legal fees unless we successfully recover compensation for you and your family.
Taking the first step toward justice can be daunting, but you don’t have to do it alone. Let us stand by your side, offering the legal expertise and empathetic support you need during this difficult time.
Article FAQ
Who is eligible to file a wrongful death claim in Ontario
Eligible individuals include the deceased’s spouse, children, parents, grandparents, grandchildren, and siblings, as specified in the Family Law Act.
What types of damages can be claimed?
Claimants can seek compensation for funeral expenses, loss of income, loss of financial support, and the loss of care, guidance, and companionship.
Is there a time limit to file a wrongful death claim?
Yes, wrongful death claims in Ontario must be filed within two years from the date of death.
What if the deceased had no income?
Even if the deceased had no income, family members might still claim for the loss of care, guidance, and companionship.
Do I need a lawyer to file a wrongful death claim?
While not mandatory, consulting a lawyer experienced in wrongful death claims can help navigate the legal process and maximize compensation.