Have you lost a family member as a result of someone’s negligence? Getting the support you need from a compassionate and dedicated advocate is essential to obtaining the compensation that your family deserves. At Advocai, our lawyers and staff are skilled legal professionals who guide our clients every step of the way. Our mission is to ensure you understand your rights, to take the stress of the legal process off of your shoulders and to resolve your claims as quickly and successfully as possible.
“Wrongful death” typically refers to a situation where an individual has been killed as a result of the fault or negligence of another person or company. “Wrongful death claims” are the lawsuits that are brought by the family members and estate of the deceased to obtain compensation for their losses and damages.
Who Can Bring a Wrongful Death Claim
Eligible family members include spouses, children, grandparents, siblings, and grandchildren. Generally, any close relative who depended on the deceased for support can file a wrongful death claim on their behalf.
Types of Compensation for Wrongful Death Claims
In Ontario, there are options for those grieving the loss of a family member. Here are the types of claims you can pursue:
Tort Claims for Family Law Act Claims and Trustee Act related Damages:
A tort claim is a lawsuit that is brought in Ontario Superior Court to compensate you for the losses or ‘damages’ that you have suffered as a result of the wrongful death. There are different categories of ‘damages’ that you can claim.
Pursuant to the Family Law Act You can claim the following types of damages/losses:
- Loss of Care & Guidance: This type of damage that is meant to compensate you and your surviving family members for the loss of the care, guidance and companionship you would have received from the deceased. Generally speaking, this type of damages can be described as the “pain and suffering” you feel as a result of the wrongful death.
- Dependency Loss: If the family member you lost was contributing financially to the family or would have contributed financially to the family in the future then you have suffered a ‘dependency loss’. You can claim this type of damages to recover all of the income your family would have received from the deceased in the future had they not been killed.
- Lost Income: If you lose your job or have to take time off work as a result of your family member passing then you can claim for your lost income.
Pursuant to the Trustee Act you can claim for the loss of the deceased’s loss of amenities of life and loss of expectation of life. These damages are made on behalf of the deceased and can be thought of as a claim for the deceased’s pain and suffering between the accident and their death.
Claims under the Family Law Act and the Trustee Act are typically claimed as different damages in one single lawsuit that is brought against the defendant(s) who caused the wrongful death.
In cases where the deceased was killed in an accident involving a motor vehicle (car, truck, motorcycle, etc.) claims can be make pursuant to the Statutory Accident Benefits Schedule (SABS). Our personal injury lawyers can assist families with these claims but they are not part of the lawsuit. These types of Specifically claims can be made for:
- Death Benefits: Compensation for your loved one's death. For spouses this is $25,000 and for dependents it is $10,000, each.
- Funeral Benefits: Assistance with funeral expenses up to $6,000.
- Medical and Rehabilitative Benefits for Family Members: Claims can be made for treatment costs for psychological or grief counselling or other medical and/or rehab related expenses arising from the accident.
It’s important to understand your options and get the support from a qualified professional experienced in wrongful death claims. Taking part in a free consultation is typically the most effective way to get an understanding of your rights, the potential value of your claims and what the next steps should be. We take calls 24/7 in wrongful death cases to ensure we are there to support families when they need help the most.
Hiring a Wrongful Death Claims Lawyer
Handling a wrongful death claim is challenging, especially while grieving. Insurance companies may try to minimize what you receive. A qualified lawyer with experience in wrongful death claims will ensure you get the compensation you deserve and manage all legal aspects.
At Advocai, we are committed to supporting you through every step of the process, from gathering evidence to negotiating or going to court. While no amount of money can replace your loved one, we aim to help you secure the financial support you need and hold those responsible accountable. Our compassionate team works tirelessly to maximize your recovery while taking as much of the stress off your shoulders as possible.
Types of Wrongful Death Cases Advocai is Retained to Pursue
The lawyers at Advocai are regularly retained to represent clients with wrongful death claims arising from the following types of cases:
- Car Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Long-Term Care Negligence including neglect, abuse and assaults
- Retirement and Nursing Home Negligence
- Occupiers’ Liability Claims unsafe properties, slip and falls, etc
- Medical Malpractice
Seeking Justice and Closure
We understand that the sudden loss of a loved one is both painful and overwhelming. During this difficult time, we are committed to providing the legal support you need, aiming to ease your burden as you grieve. Our goal is to help you secure the financial compensation necessary to support your family’s needs. We will stand by you throughout the process, working diligently to obtain the best possible compensation for you and your loved ones. Contact us today for a free consultation!
Ready to find out more?
Contact us for more information about our services and to discuss your claim.