FAQs About Wrongful Death Claims in Ontario

1. What are disbursements, and how much do they usually cost?

Disbursements are the out-of-pocket expenses required to properly investigate and prepare your case. In most successful personal injury and wrongful death claims, these costs are recovered from the at-fault party’s insurance company.

Every case is different, but in a fatal accident claim, common disbursements include:

• Accounting or actuarial reports to calculate financial dependency losses.
• Occupational therapy reports to assess the value of lost household services.
• Court filing fees.
• Medical records and other document retrieval fees.
• Process serving costs.
• Examination for discovery expenses.
• Mediation fees.
• Expert witness fees.

Expert reports alone often cost between $10,000 and $15,000. If liability is disputed, an accident reconstruction engineer may also be required, which can add approximately $10,000 or more.

While there is no fixed maximum, it is not unusual for total disbursements to reach $20,000 to $25,000 before a pre-trial conference. If a case proceeds all the way to trial, disbursements can exceed $50,000.

2. Will I have to approve every disbursement?

Generally, no.

Our lawyers make strategic decisions about which experts and investigations are necessary to maximize the value of your claim. We keep our clients informed about the progress of their case, but it is usually not practical to seek approval before every expense.

One of the advantages of hiring an experienced personal injury firm is knowing that your lawyers are prepared to invest in the evidence needed to properly present your case.

3. Why are expert reports so important?

Expert evidence is often the foundation of a successful wrongful death claim.

Experts may be retained to calculate:

• Financial dependency losses
• The value of household services previously provided by the deceased
• Accident reconstruction, where liability is disputed
• Other specialized issues depending on the circumstances

Choosing experienced experts can make a significant difference in the outcome of a case.

4. Are legal fees calculated before or after disbursements?

At our firm, contingency fees are calculated after disbursements have been deducted.

In other words, we do not charge legal fees on money that simply reimburses expenses incurred to advance your claim.

5. Does HST apply to disbursements?

Some disbursements are taxable while others are not.

For example:

• Expert witness fees are generally subject to HST.
• Court filing fees are generally not taxable.

The tax treatment depends on the nature of the expense.

6. What happens if I decide to change lawyers?

If a client ends the retainer before the case is completed, the lawyer may be entitled to be paid for the work already performed.

The amount is generally based on the time spent on the file and the hourly rates set out in the retainer agreement.

Because every case progresses differently, it is impossible to predict exactly what those fees would be after six months or one year.

If a client believes the fees claimed are unreasonable, Ontario law provides a process through which a court can review the lawyer’s account.

7. Can the law firm stop representing me?

This is very uncommon.

A law firm may withdraw if:

• the lawyer-client relationship has broken down,
• the client stops communicating and the case cannot move forward, or
• the client asks the lawyer to do something that would be unethical or contrary to professional obligations.

If withdrawal becomes necessary, lawyers are generally required to cooperate in transferring the file to new counsel, subject to the applicable Rules of Professional Conduct.

8. How often will I receive updates about my case?

Communication is important.

Our goal is to communicate with every client at least once every eight weeks, even if there has been little activity.

During busy periods of the case—such as while investigations are underway, settlement negotiations are taking place, or litigation deadlines are approaching—you can generally expect more frequent updates.

9. What are the biggest risks in a wrongful death claim?

Every case is different, but common issues include:

• disputes about how the accident occurred;
• disagreements over who was legally responsible;
• questions about the extent of financial losses suffered by surviving family members;
• insurance coverage limits; and
• the strength of the available evidence.

An experienced personal injury lawyer will investigate these issues early and provide ongoing advice as more information becomes available.

10. Is there a limit to the insurance available?

Usually, yes.

Most motor vehicle liability insurance policies in Ontario provide at least $1 million in liability coverage, although some policies provide higher limits.

One of the first steps in any serious injury or fatal accident claim is determining how much insurance coverage is available.

11. Are accident benefit death benefits negotiable?

Usually not.

The statutory death and funeral benefits available under Ontario’s accident benefits system are prescribed by legislation or by the terms of the insurance policy.

Your lawyer will confirm that the insurer has offered the correct amount and determine whether any optional benefits were purchased that increase the available coverage.

12. What is After-the-Event (ATE) insurance?

After-the-Event (ATE) insurance helps protect plaintiffs from certain litigation costs if the case is unsuccessful.

Depending on the policy, it may cover:

• some or all disbursements; and
• certain adverse costs awards.

Your lawyer can explain whether ATE insurance is appropriate for your case and what protection it provides.

13. How long does a wrongful death lawsuit take?

Court delays vary across Ontario.

If a case cannot be resolved through negotiation or mediation, it may take several years before it reaches trial.

While every effort is made to resolve claims as efficiently as possible, serious litigation should generally be viewed as a long-term process.

14. How long does it take to receive settlement funds?

Once a settlement has been finalized and all required documents have been signed, payment is typically received within four to eight weeks, although many settlements are paid sooner.

Your lawyer will explain the expected timeline once your case has resolved.

15. Can multiple family members bring claims together?

Yes.

In many wrongful death cases, eligible family members bring their claims together in a single lawsuit.

This approach is generally more efficient, reduces legal costs, and allows all related claims to move through the court system together.

16. Can one family member’s claim affect another’s?

Potentially.

If the available insurance coverage is insufficient to fully compensate everyone with a valid claim, multiple claims may need to share the available insurance proceeds.

Your lawyer will investigate the available insurance coverage early in the case and advise you if this could become an issue.

Have Questions About a Wrongful Death Claim?

Losing a loved one is devastating, and pursuing a legal claim can feel overwhelming. An experienced wrongful death lawyer can explain your rights, answer your questions, and guide you through every stage of the process.

If you have questions about a fatal accident in Ontario, contact our team for a free, no-obligation consultation.