Oshawa Wrongful Death Lawyer
It is never easy to lose a loved one. But when that loss is a result of someone else’s negligence, it can make it even more difficult. For surviving family members, a wrongful death claim may be filed in order to help pay for any expenses related to the death such as funeral expenses and loss of support.
Wrongful death claims can be difficult to file. Not only do they contain a lot of legal concepts and paperwork, but they are also filed at a time when the family members are grieving a serious loss.
If you have lost a family member and would like to seek compensation, speak to an Oshawa wrongful death lawyer that can help. An experienced injury lawyer can help fight for their client’s rights to necessary damages.
Wrongful Death Defined
The Family Law Act of Ontario states that relatives can file a wrongful death claim to compensate for any financial losses they suffered as a result of the death of a loved one when that death is due to the negligent acts or wrongdoing of another person. Under Ontario’s Family Law Act, only next of kin can file a wrongful death claim. This includes spouses, common-law spouses, children, parents, grandparents, and siblings.
In most cases, there must have been an existing relationship between the deceased and the surviving family member at the time of death. But in some cases, even when the family members were estranged, the courts have still granted compensation.
Wrongful death cases are filed in civil court and are only brought in order to seek financial compensation. This is different from homicide and manslaughter charges. In these cases, criminal charges will be filed and the case will be heard in criminal court. Criminal cases are meant to punish the person responsible for jail time and fines payable to the province, and generally do not directly involve surviving family members.
There is not necessarily a case for wrongful death every time a person passes away, even when that death was due to the negligence of someone else. Individuals that have lost a loved one should speak to a wrongful death lawyer in Oshawa to determine if they have a wrongful death case.
Causes of Wrongful Death
Car accident fatalities are the biggest cause of wrongful death in Ontario. They are also the cause that can be the most complicated. This is because when an individual has died in a car accident, the Statutory Accident Benefits, part of the Insurance Act, will provide one avenue of compensation for surviving family members.
The Insurance Act outlines very clearly the amount of compensation available to spouses and dependents, as well as compensation available for funeral costs. If the expenses paid by the family members are greater than what is provided by the Insurance Act, Ontario’s Family Act provides for options to compensate the difference through a civil lawsuit.
Other causes of wrongful death in Ontario include workplace accidents, defective products, medical malpractice, and children drowning in unsupervised pools.
The Family Law Act in Ontario states that relatives may seek “pecuniary loss resulting from the injury or death of the person.” Pecuniary loss refers to financial losses such as funeral costs, loss of income if family members had to take time off work, and loss of financial support the deceased provided to any dependents.
Unfortunately, Ontario courts do not award compensation for the grief surviving family members will feel after losing their loved one.
Contacting an Oshawa Wrongful Death Lawyer
Wrongful death cases can be more complicated than they first seem in Oshawa. If you have lost a loved one and want to seek compensation for that loss, it is imperative that you speak to an experienced Oshawa wrongful death lawyer.