Ontario Wrongful Death Laws
In order to produce a wrongful death claim in Ontario, it is necessary to provide proof that the death was due to the negligence of another party, or deliberate, and not caused in any way by the individual themselves, and has caused measurable damages to the surviving parties.
For a fatal injury or wrongful death claim in Ontario, claims for loss of care, guidance, and companionship that they had expected to receive from the deceased can be brought about by parents, grandparents, children, or spouses (including common law spouses).
Claims for financial losses can also be made by these family members, including:
• Loss of financial support the deceased would have provided
• Loss of income sustained as a result of the death (not being able to work for a period of time due to emotional distress)
• Expenses caused (medications or hospital bills prior to death)
• Reasonable travel expenses to visit the injured party during treatment or recovery
• Loss of household or child care services the deceased would have provided
• Funeral and other incurred expenses
• The person’s relationship to the deceased and the facts of each particular case heavily determine the amount of compensation that can be given.
In Ontario, the maximum amount currently awarded for loss of guidance, care and companionship is currently $125,000. Financial damages can be claimed in addition to these damages. For more information, see the Canadian Resource to Personal Injury.
To ensure you receive full and fair compensation in the loss of a loved one as a result of wrongful death, contact the experienced professionals at Cariati Law at 905-629-8040.