Suing after a fatal car accident in Ontario
While many Ottawa car accidents result in broken bones and other non-life-threatening injuries, some are fatal. When an individual is killed due to a motor vehicle accident, their loved ones may be able to claim damages for their loss. If you have lost a loved one in an Ontario car accident, consult a personal injury lawyer who can help you navigate the process of pursuing a legal claim. You are likely dealing with a lot of stress and sadness over your loss and an Ottawa injury lawyer can be the help you need to start the healing process and begin to feel closure.
According to the law in Ontario, the deceased individual’s spouse, children, parents, siblings, grandchildren, and grandparents can claim damages for the accident. Damages can be both pecuniary (financial) and non-pecuniary loss of care, guidance and companionship due to the loss of a loved one). If you were financially dependent on the deceased, you will likely be able to put forth a claim for financial damages. Regardless of whether or not you were financially dependent on the deceased, you may be able to receive damages for the loss you endured as a result of losing a loved one. A personal injury lawyer will be able to assess your specific situation and determine whether or not you have a legal claim to pursue.
In determining any compensation to be awarded for loss of care guidance and companionship, a judge will take several factors into consideration. They will consider the relationship between yourself and the deceased, including the kind of loss you may have experienced (for example, losing a parent would result in loss of care, and losing a spouse would result in loss of companionship). A judge will also consider whether or not you lived with the deceased, your age, overall health, your ability to care for yourself in the absence of the deceased, and the extent/frequency of your contact with your lost family member. All of these factors play a role in determining the nature of relationship between yourself and the deceased and the court’s ability to “measure” the extent of your pain and suffering.
If you have lost a loved one in a car accident enlist the services of an Ottawa personal injury lawyer and receive the legal care you need. Contact the injury lawyers at Auger Hollingsworth to discuss your case.
