How To Sue For Wrongful Death In Ontario

When you finally start to recover from a tragic loss, and you launch an effort to submit a wrongful death case in Ontario, do not expect to be compensated for your grief. All lawsuits of that nature must satisfy the conditions set by what is known as the Family Law Act. That same Act stipulates the compensation for loss of care, abrupt absence of guidance and swift removal of a source of companionship. Grief, on the other hand, seldom disappears entirely. Since all compensation gets based on the degree of loss no family should expect to be compensated for its grief.

The influence of cultural background

In the past, the influence of a deceased’s cultural background had slight effect on those issues that surrounded a wrongful death case. Today, though, more consideration gets given to how cultural norms might affect the family of the deceased. Such norms can work to determine the degree to which the level of care has diminished, following departure of the deceased. At the same time, they can indicate the extent to which guidance and companionship have suffered.

For instance, families in some cultures expect that a child will look after his or her parents, once they enter old age. In such cases, the death of a child deprives parents of anticipated companionship. Only now is that fact being addressed by the lawyers that are handling a wrongful death case. In other cultures, a woman feels obligated to remain at home. She does not go after her education. Consequently, if her husband passes away, it becomes especially hard for her to support the fatherless children.

It is not too hard to sue for loss of income

Still, those families pursuing a wrongful death law suit stand in danger of getting badgered with questions. Those questions will come from the defense lawyer, the attorney representing the opposing party.

The defense attorney does not assume the existence of love between the deceased and the child or spouse of the person that has left us. Instead, that same lawyer tries to disprove it in court. Hence, a claim made by a step-child could trigger introduction of some probing questions. Those questions, which could become a source of contention, would represent an attempt to weigh the argument of the step-child against that of the biologic child. That is why it is essential to hire the services of a Personal Injury Lawyer in Kitchener.

A case might also become contentious if the deceased adult had lived with more than one spouse. In that case, both the 1st and 2nd spouse would hope to be compensated for the wrongful death. A judge might be expected to issue the final decision. Ideally, the judge would base his or her decision on the existence of small children in the household of one or both wives.