Loss of Services and Loss of Dependency Claims in Ontario Fatal Accident Cases
When someone dies in a fatal car accident, fall, or other accident caused by negligence, the emotional impact on family is immediate—but so is the disruption to day-to-day life. In many cases, the person who passed away played a critical role in the household: providing income, caregiving, transportation, child-rearing, or home maintenance.
In Ontario, the Family Law Act (FLA) allows surviving family members to seek compensation for both loss of services and loss of financial dependency following a wrongful death. These types of claims are especially important for spouses, children, or other dependants whose daily lives have been significantly affected by the loss.
At Auger Hollingsworth, we help families across Ontario understand their rights and recover the compensation they need to move forward.
What Is a Loss of Services Claim?
“Loss of services” refers to the unpaid work the deceased performed in the household before their death. If their death has left a void that requires others to step in or for paid help to be hired, Ontario law allows the surviving family members to seek compensation for the cost of replacing that help.
Common examples include:
- Childcare and parenting duties
- Cooking, cleaning, and laundry
- Home maintenance, snow removal, lawn care
- Driving children to school or activities
- Elder care or support for disabled family members
To succeed, you must show that:
- The deceased regularly performed these services
- You have incurred or will incur expenses to replace them
- The loss is ongoing and material to your daily life
Courts accept estimates based on market replacement value. For example, if you now need to hire a cleaner or nanny for $500/month, that cost may be compensable for a period of time.
What Is a Loss of Dependency Claim?
Loss of dependency covers the financial support the deceased provided, either through employment income or other regular financial contributions.
Surviving spouses, children, and sometimes other dependants (such as elderly parents) may claim for:
- Lost income the deceased would have provided
- Benefits, pension entitlements, or future contributions
- Loss of future financial security
This claim is often supported by:
- Tax returns and pay stubs
- Employment benefits statements
- Expert reports projecting lost income and life expectancy
Courts will consider:
- Age and health of the deceased
- Age of dependants and how long support would have continued
- Income level and earning potential
Loss of dependency claims are highly individualized and typically require expert financial analysis. They are often one of the largest components of a wrongful death claim where the deceased was the main breadwinner.
Why These Claims Matter
In many cases, loss of services and financial support compound the emotional devastation after a fatal accident. Children lose not just a parent, but the person who helped with homework, drove them to soccer, and tucked them in. A surviving spouse may lose not only their partner, but the person who managed the household or supported the family financially.
Ontario law recognizes these realities—and so do we.
Get Help From Experienced Fatality Lawyers
At Auger Hollingsworth Accident & Injury Lawyers, we help Ontario families assess and recover for the full impact of their loss. That includes not only emotional grief, but the real-life services and financial support the deceased provided. Let us help you build a strong, clear claim—so you and your family can begin to move forward.
Contact us today for a free consultation.
