Wrongful Death Claims in Ontario: Seeking Justice and Compensation -1-800-JUSTICE®

The video discusses wrongful death claims in Ontario, highlighting the impact of negligence in various contexts, including motor vehicle accidents, slip and fall incidents, and medical malpractice. It explains the Family Law Act, which outlines the rights of family members to seek compensation for their loss, including damages for loss of care, guidance, and companionship. The video also details the available benefits under the accident benefit claim system, such as funeral expenses and compensation for dependents. Viewers are reminded of the importance of acting within the two-year limitation period to file a claim. For those affected by a wrongful death, reaching out to a law firm like “Preszler Injury Lawyers” can provide guidance on available options.

There’s nothing worse than hearing that a family member has passed away because of somebody else's negligence. Wrongful death claims apply to a wide variety of negligence claims, as there are many different ways that people can be fatally injured due to certain accidents. We primarily see these claims in the motor vehicle accident sphere, where car and motorcycle accidents, as well as snowmobile accidents, can lead to fatalities. We also see them in slip and fall cases, where individuals may fall down a flight of stairs and, unfortunately, pass away due to their injuries. Additionally, wrongful death claims can arise in the context of medical malpractice and many other areas.

The law in Ontario provides avenues of recourse for family members who have lost a loved one. The Family Law Act, which is the governing piece of legislation, outlines who can recover through a lawsuit or otherwise. This includes spouses, children, grandchildren, parents, grandparents, and even siblings of those who have been injured.

Depending on how the family member passed away, your rights may vary. In the motor vehicle accident sphere, there are more benefits available than you would receive in the slip and fall context or in a medical malpractice context. Under the accident benefit claim system, there are payments that can be made for the loss of a loved one: $25,000 to a spouse and $110,000 to anyone who was dependent on that spouse. The accident benefit system also provides coverage for funeral benefits, which will pay up to $6,000 for funeral expenses.

It is important to note that there isn't a concept of suing for pain and suffering in this context, as the language "pain and suffering" is not applicable under the Family Law Act. Instead, the law uses the terms "loss of care, guidance, and companionship." As family members, you can assert claims under the Family Law Act for damages related to your loss of care, guidance, and companionship. You can also assert claims for your economic losses, such as shared family income, loss of savings, loss of household services, or even caregiving expenses if you have lost a spouse who was looking after the children.

There are many types of damages that you can sue for, and they apply across the board. However, you have a certain time period in which to make this decision. For most adults, you have two years from the date that you knew or ought to have known that you had a cause of action—essentially, two years from the date that the person passed away.

Children, minors, or individuals who are mentally incapable are not affected by the limitation period in the same way. The law provides a special provision for parties under disability, minors, or mentally incapable persons. Generally, they have two years to sue from the time they turn 18 if they are minors. If a person is mentally incapable, their limitation period does not begin until they have a court-appointed guardian or litigation guardian to make decisions on their behalf.

If you have lost a loved one due to someone else's negligence, you do have options. It is important to reach out when the time is right to speak to a law firm to determine the best options for you and your family.