Toronto Wrongful Death Lawyers
When you lose a loved one due to another’s negligence, it’s devastating. Although no amount of money can make up for your loss, a wrongful death claim can help you and your family receive compensation for the hardships you have had to endure. Wrongful death claims are civil lawsuits brought by eligible family members when someone dies due to another party’s negligence or wrongdoing. They are commonly filed in cases involving:
- Motor vehicle accidents, such as car accidents or motorcycle accidents
- Medical malpractice
- Occupiers’ liability, such as slip and fall accidents
- Product liability and defects
- Homicide or manslaughter
- And more
When you decide to take legal action against a negligent party through a wrongful death claim, you can ensure accountability, financial security for your loved ones, and prevent similar accidents from happening in the future. Understanding how wrongful death claims work in Ontario can prepare you for the legal process and allow you to pursue the full amount of compensation you deserve.
At Goodman Elbassiouni LLP, our Toronto wrongful death lawyers have years of experience helping clients navigate the loss of their loved ones. We can provide tailored advice about your legal options, and walk you through the claims process step-by-step. To begin pursuing justice for your lost loved one, schedule a consultation with our legal team today.
When Should You File a Wrongful Death Claim?
You may decide to pursue a wrongful death claim when a family member has died due to the negligence or wrongdoing of another party. Wrongful death claims function as civil lawsuits or tort claims, wherein you sue another party for compensation or restitution. You may sue an individual you deem to be responsible for the accident. Alternatively, you may sue a larger party, such as a company or organization, that is responsible for the death in question.
Under Ontario’s Family Law Act, family members who are eligible to pursue a wrongful death claim on behalf of a deceased individual include:
- Spouses (including common law partners)
- Children
- Parents
- Grandparents
- Siblings
To evaluate whether your wrongful death claim is viable, you and your lawyer may consider whether the death that occurred was preventable and whether there was negligence involved. If your legal team believes you have a strong case, they will advise you on the next steps in the legal process. It is important to note that, under the Limitations Act, you have 2 years from the date of death or accident to file a wrongful death claim in Ontario.
Proof Needed in Wrongful Death Cases
When you decide to pursue a wrongful death claim, you will be responsible for proving that the loss of your loved one occurred due to another party’s negligence or wrongdoing. This process normally involves several elements, including proof that:
- The death resulted from someone’s negligent or wrongful act,
- The deceased would have had a valid personal injury claim if they had survived,
- The claimant is a qualifying family member under Ontario law, and
- The claimant has suffered financial or emotional losses as a result of the death.
With the help of a lawyer, there are steps you can take to demonstrate a direct link between the negligent act and the passing of your loved one. You’ll need to establish that the defendant (or person responsible) acted below a reasonable standard of care. To do so, you and your legal team can collect a variety of evidence, including:
- Accident reconstruction reports
- Police reports
- Medical records
- Employment records
- Tax returns
- Photographs or videos
- Expert reports
- Surveillance footage
- Witness statements
- Family testimonials
- And more
Establishing negligence can be more complicated under special circumstances. For example, if your loved one survived for a period of time following the accident, or if they passed due to mental-health-related trauma. An experienced wrongful death lawyer can help you assemble and present all necessary evidence in the most efficient manner possible.
What Compensation is Available in Wrongful Death Claims?
Because the loss of a loved one has such a large impact on family members, there is a variety of compensation available. The type or amount of compensation a claimant receives will depend on the specific circumstances of their case.
Damages available during wrongful death claims in Ontario might include:
- Pecuniary Damages: Pecuniary damages, also known as financial damages, are meant to account for any monetary losses family members have incurred as a result of their loved one’s passing. This might include compensation for loss of income, loss of services, medical and funeral expenses, out-of-pocket costs following the death, and lost wages of surviving family members due to grief.
- Non-Pecuniary Damages: Non-pecuniary damages are meant to compensate family members for non-monetary, intangible losses they have suffered following the accident. For example, claimants may pursue compensation for loss of care, guidance, and companionship, or restitution for mental distress, shock, or grief.
- Punitive Damages: In rare cases, punitive damages are awarded to family members when the act of the negligent party was particularly egregious, reckless, or intentional. These damages provide additional compensation to the family while imposing a form of punishment upon the defendant.
In addition to compensation that may be pursued in a tort claim, family members of individuals who passed in car or motor vehicle accident may also be eligible for benefits through Ontario’s Statutory Accident Benefits Schedule (SABS). This is mandatory, no-fault insurance that covers all individuals involved in motor vehicle accidents in the province. Spouses may be eligible to receive up to $25,000 when their partner dies in a car accident, and each dependent may receive up to $10,000. SABS may also provide $6,000-$8,000 for funeral expenses.
To determine the amount of compensation you’re entitled to, your lawyer will utilize forensic accountants, future earnings projections, home assessments and more. By conducting thorough and detailed calculations, you can be sure that you pursue the full amount of compensation you’re entitled to after losing a loved one.
How Can Our Toronto Wrongful Death Lawyers Help?
When you lose your loved one due to another’s negligence, it’s important that you seek legal representation as soon as possible. Our experienced wrongful death lawyers will help you navigate the legal complexities of your case so you can focus on processing your emotions.
When you work with Goodman Elbassiouni LLP, we’ll help you:
- Investigate the accident and gather all relevant evidence
- Identify all potential sources of compensation
- File and manage your wrongful death claim within legal deadlines
- Negotiate with insurance companies and the defendant on your behalf
- Represent your case in court, if necessary
- And more
At our firm, we know that no amount can compensate for the loss of your loved one. However, we understand that pursuing damages can help you alleviate the financial, emotional, and physical burdens you may be experiencing. That’s why we aim to pursue the maximum amount of compensation you’re entitled to without accepting low settlements. With decades of combined experience handling personal injury claims, we’ll provide compassionate and attentive support when you decide to work with us on your wrongful death claim.
Filing a Wrongful Death Claim? Contact Our Toronto Wrongful Death Lawyers Today
No amount of money can replace a loved one, but legal action can provide answers, accountability, and financial support for your family. You don’t need to undertake the process alone–an experienced wrongful death lawyer can take the pressure off your shoulders.
At Goodman Elbassiouni LLP, our wrongful death lawyers in Toronto will help assess the strength of your case, gather evidence, negotiate on your behalf, and pursue the compensation you deserve. Contact our legal team today to schedule a case review and discuss your unique circumstances.