Who Can Sue for Wrongful Death in Ontario?

May 18, 2020

If your loved one was killed in a tragic accident that was the result of someone else’s negligence, you may be able to bring a wrongful death lawsuit. A wrongful death lawsuit in Ontario can be filed in cases where the deceased would have been entitled to damages, had they lived. Typically, immediate family members and spouses can bring wrongful death suits.

If your spouse or family member died due to a drunk driver, medical error, unsafe conditions on a sidewalk or public property, or other type of negligence, please call Findlay Personal Injury Lawyers today at 905-522-9799 to schedule your complimentary consultation.

The Ontario Family Law Act

The Family Law Act here in Ontario states that the following relations can receive damages from a wrongful death lawsuit:

  • Spouse (marriage or common law)
  • Children and grandchildren
  • Parents
  • Grandparents
  • Siblings

Damages can be paid out in one lump sum, or they can be partitioned out by the court among all the plaintiffs. If minor children are involved, their portion may be postponed until after their 18th birthday.

What Damages Can You Receive in a Wrongful Death Lawsuit?

Damages from a wrongful death lawsuit can include anything the deceased would have been able to claim had they lived, in addition to expenses such as funeral costs and intangibles such as lost companionship. Common wrongful death damages can include:

  • Medical treatment, hospital stay, and prescriptions for the deceased
  • Loss of income, if the deceased was a significant contributor to the household income
  • Loss of companionship
  • Funeral and burial expenses
  • Any other expenses incurred on behalf of the deceased due to their medical needs

Wrongful Death Statute of Limitations

In Ontario, you have 2 years from the date of death to file a wrongful death lawsuit. This can change in certain cases, such as if a child who was a minor at the time of their parents’ death wants to file a wrongful death lawsuit after they turn 18.

Another case where the statute of limitations may be extended is if new information comes to light after the 2 year period which shows that your loved one actually died of negligence. This is often the case with medical malpractice or medical product malfunction, which may take years before being uncovered.

Typically, though, it’s best to file your wrongful death lawsuit as soon as possible. You’ll have the best chance of recovering all the damages entitled to you if you file while all the evidence is still fresh.

We know that consulting a lawyer is the last thing you want to do while dealing with funeral arrangements, grieving, and other affairs. However, we will treat you with the utmost compassion and respect, and most clients find that the damages they recover significantly help to make their lives easier and prevent going into debt over unexpected expenses and loss of income.

Schedule Your Wrongful Death Consultation

If your loved one has died as a result of someone else’s negligence, please don’t hesitate to contact Findlay Personal Injury Lawyers today at 905-522-9799 to schedule your complimentary consultation. We serve clients in Hamilton, Brantford, Burlington, Stoney Creek, and other nearby areas of Ontario.

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20 Hughson Street South, # 510
Hamilton, Ontario L8N 2A1

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Disclaimer: The information throughout this website is not intended to be taken as legal advice. The information provided by Findlay Personal Injury Lawyers is intended to provide general information regarding personal injury law, catastrophic injury cases, wrongful death claims, medical malpractice lawsuits, car accidents, truck accidents, motorcycle accidents, and more for residents of Hamilton, Burlington, Stoney Creek, Brantford, Niagara Falls, and nearby areas in Ontario. This website is not intended for viewing or usage by European Union citizens. If you are interested in learning more about our law firm, please contact us for a personal consultation.

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