If you have lost a family member due to an accident, you may be entitled to a wrongful death claim. Dealing with the loss of a family member is one of the most emotional and painful things you can go through as a loved one. But often, the family is saddled with incredible financial hardships after a death, especially when the victim provided the main economic support of the family. In times such as these, family members have the right to seek financial compensation for their devastating loss. Under the Ontario Family Law Act, surviving family members have a right to file wrongful death claims. If you have recently lost a loved one due to the negligence of another, a Lindsay personal injury lawyer can advise you whether you may have a wrongful death case.
Wrongful Death in the Case of Negligence or Intentional Harm
A wrongful death claim can be brought against a person who has caused death through negligence or intentional harm. Wrongful death can be due to negligence, malice, product liability or accidents. In Ontario, car accidents are the most common type of wrongful death claims. There are certain industries and occupations that represent a greater risk for wrongful death claims than others. Among these are construction, electricians, trucking, fishing, and mining. Defective products and medical malpractice are other common forms of wrongful death claims.
AD&D Insurance
Some benefits packages offer AD&D coverage. This stands for accidental death and disfigurement. Although this coverage is helpful, it may not be sufficient to cover losses. A Lindsay personal injury lawyer can help you understand what your rights are and what your best options are.
A wrongful death claim is usually filed on behalf of the surviving members of the family and is limited to:
● The spouse
● The children
● The parents
● Brothers and sisters
● Grandparents
● Grandchildren
After the death of a family member, there may be many financial burdens that fall to the surviving family. These may be actual expenses incurred by the deceased or the care and guidance that will be lost due to the death of that family member. In many cases, these expenses are a very real hardship to pay after the death of the loved one:
● Expenses and medical bills incurred by the deceased
● Funeral and burial costs
● Travel expenses of family members during the deceased’s care prior to death
● Nursing, housekeeping, and other services
● Loss of guidance, care, and companionship
Other claims can be for lost inheritance, pain and suffering, and mental anguish. Wrongful death settlements may be filed on top of any criminal charges that the negligent party is already facing.
Determining Damages
Determining damages in a wrongful death claim can often be complex. In the case where a spouse and children were dependent on the deceased for financial care, the number of years of earning potential of the deceased needs to be calculated and determined specifically based on the ages of the dependent children. An expert personal injury lawyer in Lindsay will help determine what your damages may be worth.
If you have lost a loved one due to the negligence of another, you may be entitled to compensation under a wrongful death claim. Call a Lindsay injury lawyer to find out if you may be entitled to compensation. The personal injury team at ABPC Law is there to help when you need us. Call us today for a no-cost consultation.