Image of a row of mourning candles lit, slightly out of focus.

Wrongful death is when someone is killed due to the negligence or misconduct of another person. This can be car accidents, motorcycle or bicycle accidents or slip and fall injuries can lead to wrongful death claims by the family of the deceased party.

Though there’s nothing that can ease the pain of the loved one you lost, recieving adequate compensation is the least that can be expected. That would at least offer some comfort, or a sense of justice being served. But unfortunately, there’s no guarantee that you will even get that. The insurance company of the at-fault party is out to protect their own interests and may be reluctant to offer a fair settlement.

That’s where the personal injury lawyers at Auger Hollingsworth in Ottawa can help. With our experience of fighting wrongful death claims on behalf of victims’ families, we can help you follow the legal processes until you get the compensation that your family is due.

Types of wrongful death cases 

A wrongful death claim is a lawsuit against an individual, organization, company, or government agency that may be held liable for a death due to negligence or wrongful acts.

Wrongful death can result from a wide variety of situations. Most commonly in Ottawa, we see the following incidents leading to wrongful death lawsuits:

The news of a loved one’s death is devastating enough. To know that the fatal incident could have been avoided is worse. As such, the family members of the victim can file a compensation claim against the negligent or at-fault party under Section 61 of the Family Law Act.

Who can file a wrongful death claim?

A wrongful death lawsuit is different from most other civil cases because the victim is unable to file a claim.

Unlike with standard tort law, only certain family members of a deceased person are eligible to pursue a wrongful death claim in Ottawa, according to the Family Law Act.

So, if an accident causes the death of a loved one, the right to file suit transfers to their immediate surviving family members and dependents. These are:

  • A spouse
  • The children
  • The parents
  • The siblings
  • The grandchildren
  • The grandparents

Of course, the death of a loved one is already painful enough without throwing in legal proceedings. The lawyers at Auger Hollingsworth are here to help you navigate this chapter and will attempt to make the process as quick and painless as possible.

Building a successful wrongful death claim

Your wrongful death lawyer will guide you but you will need to work together at first as your case is put together. For instance, you will likely need to make a victim impact statement

These are normally written by the victim of a crime, but obviously in this case that’s not possible. A victim impact statement will include details such as how the loss of your loved one has impacted you:

  • Emotionally
  • Physically
  • Financially

We will try to limit the burden placed on you at this difficult time in your life so that you can concentrate on recovering from the loss with your family.

We will work diligently and tirelessly to earn you the compensation you deserve as some small measure of relief for you and your family. Contact our office today to learn how our experienced personal injury lawyers can support you and seek the compensation you deserve on your behalf.

Free Consultation after a Wrongful Death in Ottawa

Car Accident 2If someone you loved has passed away due to an accident or the negligence of another person, you’ll need to find a lawyer you can trust to help you file your claim. Our personal injury lawyers Richard Auger and Brenda Hollingsworth have represented clients throughout Ontario since 2004 and earned millions in compensation for their clients to help them adjust to their lives after injuries or deaths.

Likely, regardless of who was at fault, the insurance companies involved will try to pay as little as possible in compensation. The opposing counsel will also likely try to shift blame to protect their client. That’s why working with a wrongful death lawyer to protect your interest and help you seek the compensation you deserve.

Contact Auger Hollingsworth after your loss to book your free consultation. We’ll meet you wherever you’re comfortable, and discuss all your options for filing a suit and possible compensation. 

We put your needs first, and you won’t pay anything unless and until you get a settlement or judgment.

What to Do After a Wrongful Death

Car Accident 2The death of someone close to you due to an accident or the negligence of another person is an incredibly painful event. It can be difficult to move beyond the grief in order to think about justice for your lost loved one, and compensation for you and your family to help you adjust to your life now. 

If you’ve lost a loved one due to an accident, fall in a nursing home, or due to someone’s dangerous property or general negligence, you should think about building a wrongful death suit against the negligent party. Some steps you can take include:

  • Document hospital bills, test results, and medical records of the deceased.
  • Funeral, burial, cremation, and end-of-life service bills.
  • Documentation of the deceased’s earning history (paychecks, deposits, etc.).
  • Documentation of the impact on your family, such as trauma counseling bills, personal journal entries, changes in employment, etc.
  • Speak to a personal injury lawyer to discuss your case.

There may be deadlines or limitations to when you can file your claim, so it’s best to speak to a personal injury lawyer as soon as possible after your loss. Your lawyer will review your documentation and suggest other ways you can gather evidence, then start to prepare your case. Schedule an appointment today to learn how Auger Hollingsworth can support you during your time of grief.

Compensation for Wrongful Deaths in Ottawa

Car Accident 2Standard civil lawsuits compensate victims and attempt to make them “whole” again – or as close as possible to the state they were in before the losses occurred.

With wrongful death awards under the Family Law Act, the purpose is to help the victim’s surviving family members maintain some financial stability after their loss.

So, compensation for the surviving family members is the main consideration with such claims rather than the losses suffered by the accident victim.

The types of losses recoverable for wrongful death claims in Ottawa include the following:

  • The loss of income that the victim would have provided for the family members had he or she survived
  • Any expenses incurred by surviving family members for medical care, travel, and other obligations related to the death of their loved one
  • Reasonable expenses incurred by the funeral
  • The loss of services to the household
  • The loss of care, companionship, and guidance

The amount of compensation awarded varies from case to case, depending on the specific circumstances.

It is important to schedule a free case evaluation with one of our wrongful death lawyers to ascertain how much you may be entitled to.

Frequently Asked Questions About Wrongful Death Lawsuits

What documentation is required for a wrongful death claim in Ottawa?

If you appoint a wrongful death lawyer from Auger Hollingsworth, you will not have to worry about completing too much paperwork. We will look after the documentation for you and will only require input from you for the details when necessary.

Ideally, after the wrongful death of a loved one, you can start to prepare the following documents:

  • Three years of tax returns
  • The most recent pension statements for the deceased and the spouse, if applicable
  • An outline of the employment history and future career path of the deceased, along with projected earnings estimates and retirement plans
  • A summary of tasks around the home and/or childcare tasks engaged in by the deceased
  • The medical records of the deceased for the past five years
  • A copy of the Automobile Insurance Certificate for the deceased’s vehicle and the other party’s vehicle
  • Name/address of the insurance broker for the deceased’s automobile
  • If you or the victim kept a daily journal, this might also be valuable evidence to prove your claims.

Will I have to go to court for my wrongful death lawsuit?

The general answer is “not always.” Often, wrongful death cases are settled outside of court instead of going to trial. It depends on the fault, the opposing party, and what their counsel will recommend. However, if you file a wrongful death lawsuit, you should be mentally prepared for it to go to trial and for the scrutiny that could bring on you, your family, and your lost loved one. It can be stressful and anxiety-inducing, but it’s also a way to ensure your family is provided for and that your lost loved one will see justice. 

Your personal injury attorney will help you prepare for court, should your case go to trial, and prepare you to testify and for what the opposition might mention and bring up. Working closely with your lawyer is the best way to ensure you see justice, regardless of if your case settles or goes to trial.

How much does it cost to hire a wrongful death lawyer?

Losing a loved one is hard enough without having to pay a bunch of lawyer fees up front. Our contingency fees mean that you won’t pay us until we get you a settlement or judgement on your behalf. Then our attorneys will take a portion of the settlement money to cover our fees. You’ll know the exact percentage in advance, when you sign an agreement with our office. 

How is a wrongful death lawsuit different than a personal injury lawsuit?

The biggest difference between a general personal injury lawsuit, and the wrongful death lawsuit, is that a personal injury suit is generally brought by the individual who was hurt on their own behalf. Obviously that’s not possible in the case of someone’s death, so a wrongful death lawsuit is filed by immediate family who are impacted by the loss.

Other than that, the main structure of the case is the same. You’ll still work with your attorney to build a case, gather evidence, and they will liaise with the opposing counsel and insurance companies involved to get you the compensation you deserve to adjust to your life after your loss. Call Auger Hollingsworth at +1 (613) 233-4529 to learn how our lawyers can help you file your suit.

How do you prove wrongful death?

The core of a wrongful death suit is to prove that the death of your loved one was a result of a negligent action by a person or corporation. You need to prove fault, and that the fault of the injury or accident that resulted in the death of your loved one was caused by another person or entity. That can be because of a car accident, mechanical failures, unsafe environment, or negligence of an individual such as a nursing home worker, nurse, or doctor.

Work with your attorney to gather the appropriate evidence to prove the negligence of the other party. You may have to gather medical records, receipts, and other such things to prove how the loss has impacted you and your family. Your wrongful death attorney will help you determine the strength of your case and file your lawsuit to hold the negligent party responsible and seek justice on your behalf.

To determine the claim amount, the amount of your damages and the extent of your injuries will be considered.

 A knowledgeable personal injury attorney can help you negotiate the best settlement or fight for a higher claim amount in court.

What Our Clients Say:

“Very professional, kept us updated every step of the way and responded quickly to email and calls. They believed in us from the start and we highly recommend them. The family of Charles Brothers.”

Shelley Brothers

Rating: 5/5 ⭐⭐⭐⭐⭐

Do you or other family members have a wrongful death claim in Ottawa?

If your family has suffered a devastating loss from an accident caused by the negligence or wrongdoing of another party, sit down with an experienced wrongful death lawyer at Auger Hollingsworth to discuss your case as soon as possible.

Once we have all the details, your lawyer will be able to provide the legal options for how to proceed.

Start with a free case evaluation with one of our wrongful death lawyers in Ottawa.

More Information about Wrongful Death Lawsuits

For more information, visit one of our blog posts:

Helpful info, delivered to you—free!

Sign up for our free monthly newsletter. It’s full of useful info (plus occasional giveaways). You can unsubscribe anytime.