News that you lost a loved one due to the carelessness of another person can be devastating. This is an unfortunate reality for many in Toronto. And although no amount of financial compensation can replace a loved one’s presence in your claim, it may help you in knowing that justice has been served. So if this has happened to you, continue reading to discover how an experienced Toronto wrongful death lawyer at Merricks Law Group, P.A. can guide you through the claims process ahead.
Am I eligible to file a wrongful death claim in Toronto?
Notably, only a select few individuals related to the loved one who suffered a wrongful death are eligible to file a claim in Toronto. These individuals include spouses, parents, children, grandchildren, grandparents, and siblings. These individuals will also have to prove the following to be true:
- The loved one lost their life due to another party’s negligence.
- The loved one lost their life under circumstances wherein they would have been entitled to financial compensation had they not lost their life.
- You, as the decedent’s family member, suffered damages due to the wrongful death of your loved one.
What types of damages can I recover in a wrongful death claim?
If you lost your family member as a direct result of another party’s negligence, you can recover a wide array of damages via a wrongful death claim. Such damages include, but are not limited to, the following:
- Funeral expenses.
- The loss of care, companionship, and guidance your loved one provided.
- Increased expenses as a result of your loved one passing away.
- The cost of medical care given to your loved one before they passed away.
- The cost of lost wages that your loved one would have provided to your family.
- The cost of travel to visit your loved one while they were receiving medical care before they passed away.
What is the statute of limitations for wrongful death claims in Ontario?
Just like any other personal injury claim, there is a deadline for filing a wrongful death claim in Ontario. This deadline, also known as the statute of limitations, is generally two years from the date of death.
Importantly, if your loved one wrongfully lost their life in a municipality in Ontario, you will have even less time to file a Notice of Claim. If you fail to file your claim within the statute of limitations, you will automatically lose your opportunity to hold the negligent party accountable. To avoid being barred from suing, it is in your best interest to contact a skilled Ontario personal injury lawyer as soon as you can.