When a death occurs due to the negligence, misconduct or recklessness of another party, the family of the deceased may be entitled to file a wrongful death claim.
This holds the at-fault party liable for the death of your loved one.
Most commonly, this type of lawsuit is filed against other motor vehicle drivers, car manufacturers, medical professionals, care homes/hospitals or property owners.
However, as clear-cut as it may seem to the family, claiming the compensation you are entitled to can often be a long and complex struggle.
That’s when the skills and experience of seasoned wrongful death lawyers count.
At Auger Hollingsworth, we have been assisting local families in Toronto with wrongful death claims for over 15 years.
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Who can file a wrongful death claim?
Only certain people within a family are entitled to file for damages for wrongful death after a loved one dies.
This is outlined in the Ontario Family Law Act and includes only the surviving family members and dependents of the deceased, such as:
- Spouse
- Children
- Parents
- Grandparents
- Siblings
What damages can you receive from a wrongful death claim?
The purpose of a civil lawsuit is usually to attempt to make victims “whole” again through compensation. This is not possible in wrongful death cases, so the focus switches to the victim’s surviving family members and is designed to maintain some financial stability after their loss.
The family members who file a wrongful death claim may be entitled to a range of damages from the at-fault party.
This includes the following:
- The loss of income from the victim for the family
- Out-of-pocket expenses such as medical care, travel, and others related to the death
- Lost income of family members as a result of the death of the loved one
- Reasonable funeral expenses
- The loss of services to the household
- The loss of care, companionship, and guidance
For the loss of income or “dependency claim”, the net income that the deceased would have contributed to the family had they survived needs to be calculated.
Damages can be paid in one lump sum or divided among the plaintiffs by the court. If minor children are involved, payment can be made after they reach the age of eighteen.
No two cases are the same. Your wrongful death lawyer will assess your situation and advise what you can claim for.
In this second part of a 3-part interview personal injury lawyer Brenda Hollingsworth describes what steps to take after an Ontario motor vehicle accident.Why do you need legal representation?
No matter how clear-cut a wrongful death case seems to the surviving family members, you can be sure that the compensation you deserve will not be automatically forthcoming.
Regardless of who you file the claim against – a driver, a hospital, a care home, an equipment manufacturer – that party is likely to be represented by an insurance company with access to powerful legal assistance.
This means that they will work to protect their interests and minimize the compensation payable to you.
Often, you are entitled to more than they offer and the only way to get it will be to stand your ground, negotiate with them, and threaten to take the matter to trial. Most families are not well-equipped to do this – especially in the emotional aftermath of losing a loved one.
Insurance companies generally do not want the expense of a trial and will settle out of court. An experienced wrongful death lawyer will know how to manage this process so that you receive what you deserve without unnecessary delays.
How soon must a wrongful death claim be filed in Toronto?
Ontario imposes a statute of limitations on wrongful death claims, meaning that you only have a certain amount of time in which to file a claim (providing you have legal grounds to do so).
This period is generally two years from the date of death, though it can be extended in exceptional circumstances – for instance, if new information pertaining to the case comes to light.
Typically, it’s best to file your wrongful death lawsuit as soon as possible after the death has occurred.
What Our Clients Say:
“My mother’s intuition told me there was something wrong with the medical care my daughter had received leading up to her death. I was unsure how to proceed and turned to Auger Hollingsworth for help. Auger Hollingsworth took the time to listen and to guide me through the lengthy and complicated process of a civil suit for medical malpractice. The firm was sensitive to my grief as well as my need to understand what had happened and always showed a kind professionalism. I owe Auger Hollingsworth (and Richard Auger in particular) a great debt of gratitude for helping me to reach a settlement and most especially to get me the answers I needed.”
Rating: 5/5 ⭐⭐⭐⭐⭐
