Wrongful Death Lawyer 

The most devastating personal injury cases we handle are wrongful death cases. In Ontario, there are specific laws which apply to wrongful death cases and change the way that compensation is delivered. Originally, British common law did not permit lawsuits for the death of a loved one. Ontario’s legislature, similar to other provincial legislatures, decided that prohibition on wrongful death lawsuits was too harsh and enacted legislation to enable certain claims to be made.

Ontario implemented the Family Law Act which permits close family members to obtain compensation when a loved one is killed through the fault of another person. Additionally, the estate of the deceased can claim for pain and suffering sustained prior to death.

To be eligible to initiate a claim under the Family Law Act, an individual must be related to the deceased as either a: sibling, spouse (including common-law), child, grandchild, parent, or grandparent. In rare cases, an individual can be deemed to be treated as one of these types of relatives despite not having that blood relation. For example, a step-father who treated his step-son as his own child may qualify as a father.

Additionally, to be capable of commencing a claim under the Family Law Act, the deceased must have had been killed due to the fault or neglect of another, their death must have occurred in circumstances where he or she would have been permitted to recover damages if he or she had not died, and the relative claimants must have suffered damages of their own as a result of the death of the deceased.

Family members are able to claim for losses of what are called “care, guidance, and companionship” as a result of their loved one’s death. Additionally, they are able to claim “pecuniary” losses due to the death. Examples of such pecuniary losses include costs of care provided prior to death, funeral expenses, a loss of services such as home maintenance tasks the deceased would have performed, dependency income losses, and more.

When a death is caused by a motor vehicle collision, family members may be entitled to claim additional benefits under the Statutory Accident Benefits Schedule.

The legal professionals at Foster Injury law have successfully handled a wide variety of wrongful death claims. Examples include deaths arising from motor vehicle collisions, golf course drowning, slip and fall injuries causing death, excavation hole collapses, fall through trap doors resulting in death, suicides due to improper medical treatment, nursing home neglect, physical injuries in nursing home causing death, and more.

Wrongful death litigation inevitably encompasses difficult emotions, and each individual has different priorities. We are careful not to apply a “cookie-cutter” approach to wrongful death cases, and instead communicate carefully with our clients to ensure that we approach the litigation in a manner that best matches their goals and priorities.

For example, in some cases, family members may want to avoid prolonging the litigation to obtain a larger settlement in order to accomplish closure. In other cases, our clients have a strong desire to hold those responsible for their loved one’s death fully accountable. Consistent with our client centric approach, we endeavour to communicate fully with our clients throughout the process to ensure our litigation strategy is informed by their needs.

If you believe you may have a wrongful death claim, please contact us and we can provide a free, no-obligation case evaluation.