Compensation for a Loved One's Wrongful Death

“No amount of money could replace the contribution that a loved one makes to the people around him or her… the rewarding of money, however, is the only remedy which a court has available to it in the circumstances such as this”

(Hechavarria v. Reale [2000] O.J. No. 4288)

Losing a loved one to the acts and negligence of another person’s actions can be a traumatic and devastating experience. At Findlay Law, we understand that there is no replacement for human life, and that no amount of money can truly compensate for the death of a loved one. However, if you do find yourself in this position, it is important to know that Ontario Family Law allows family members of the wrongfully deceased to seek counsel in a Wrongful Death claim.

Wrongful Death claims are made under the Ontario Family Law Act and sought out by surviving family members when a loved one's death has been caused by the fault of another person or by negligence within two years of the loved one passing away.

In certain situations, family members in relation to the deceased may be able to file for a Wrongful Death claim. The family members allowed to file for this claim are spouses, children, parents, siblings, and grandparents.

Accidents that can result in a wrongful death:

• Car/truck accidents
• Medical malpractice
• Workplace accidents
• Slip and fall accidents
• Bicycle accidents

Immediate family members are eligible to claim compensation for loss of care, guidance, and companionship that the deceased person would have provided if they had not passed, and the deceased personal family member(s) can include both pecuniary and nonpecuniary damages.

Damages one can claim:

1. Expense cost incurred for caring for the person injured or killed. For example, this means a payment from hiring a PSW or renting a hotel to stay near the hospital while your loved one was given care.
2. Actual funeral expenses.
3. A reasonable allowance for travel expenses incurred in visiting the person during their treatment or recovery.
4. A reasonable allowance for loss of income or value of the services. For example, you lost income to care for the deceased person before their death.
5. Compensation for loss of guidance, care, and companionship that the claimant might reasonably have expected to receive from the person if the injury or death had not occurred.

The way compensation for loss of guidance, care, and companionship is calculated differs for each case and depends on the relationship between the deceased and the family member claiming the loss. Factors such age and mental and physical condition are also considered for each claim.

In addition to the above, a person who has lost a close family member on whom they were dependent for income and services may have a claim for damages for those losses. These losses can include actual income earned by the deceased family member that they contributed to the family home, and things like housekeeping, caregiving, home maintenance, and other services typically performed in the family home.

At Findlay law, we understand that any form of compensation will never suffice for the loss of a loved one. We know this is a demanding time for you and your family and our team of lawyers will ensure you do not have to go through the process alone.

Have any questions or concerns about Wrongful Death claims? Call 905-522-9799 to arrange a free initial legal consultation with Findlay Law. Our lawyers will understand all of your options and advocate on your behalf. We proudly serve Hamilton, Brantford, Burlington, St. Catharines, Niagara Falls, Simcoe, and other areas of Ontario.