In A Wrongful Death Claim, Who Can Collect Damages?

When it comes to wrongful death cases, it’s important to point out that the people who are capable of collecting damages as well as the overall claimants are specifically listed out in the Family Law Act of Ontario. The court is going to assess the damages which stem from the wrongful death claim when the deceased had been actually entitled to personal injury damages in the event he or she had survived the injuries that were incurred.

According to the law of the province of Ontario, the surviving spouse as well as other family members is capable of collecting damages which stem from this type of injury. They are considered as per the letter of the law and include:

·         Children

·         Parents

·         Grandparents

·         Grandchildren

·         Brothers and sisters

Determining the amount of the damages

Of course, the wrongful death lawsuit could actually be brought forward against the negligent party that has caused the accident. The damages which could be claimed encompass the following:

·         The expenses for the funeral

·         A reasonable amount of compensation for the dependents for any travel expenses for their visitations to the person while he or she received treatment before the death

·         A designated amount to compensate a dependent for the loss of income or some sort of shared family income

·         A reasonable amount of money which is designated to compensate for the loss of companionship as well as for the loss of guidance when it comes to dependents

·         A reasonable amount for loss of household services which would have been provided had the deceased survived the injuries

Now, as you can see, there are no general damages for pain and suffering and this is quite logical and rather convenient. The nature of non-economical personal damages is such that they can’t be awarded after the death of the one who had incurred them. This would be highly unethical and this is the main reason for which they are not allowed for claiming. However, as you can also see, there are other types of non-economic damages such as the reasonable amount of money awarded for loss of companionship. Of course, this is something particularly subjective and it’s determined by the judge in every different situation, just as it is with non-pecuniary damages.

Of course, you need to understand that this is a very complex matter which needs to be handled professionally and as per the highest legal standards. This is the main reason for which you need to get the help of an experienced personal injury lawyer in Lindsay. They will provide you with the necessary legal representation and protection and is going to ensure that you get the compensation that you are legally entitled to. There are plenty of expenses that the family of the deceased has to meet and that is why getting the requisite compensation is an important part of settling the claim.