It is terrible news to hear that your loved one has passed on. But what makes this news worse is if your loved one passed on due to the negligence of another party. Though nothing can make up for this loss, filing a wrongful death claim may still be worth it. Continue reading to learn who is eligible for a wrongful death claim in Ontario and how an experienced Toronto wrongful death lawyer at Merricks Law Group, P.A., can help you with this determination.
Who can file a wrongful death claim in Ontario?
Even though you may have had a close relationship with your loved one, this may not be enough to make you eligible to file a wrongful death claim in Ontario. Specifically, you must be the spouse or a dependent of the loved one. Examples of dependents include the following:
- You are the child of the loved one.
- You are the grandchild of the loved one.
- You are the parent of the loved one.
- You are the grandparent of the loved one.
- You are the sibling of the loved one.
Under what conditions may I file a wrongful death claim?
Once you have determined that you are an eligible spouse or dependent, you must determine if the circumstances surrounding your loved one’s passing constitute a wrongful death claim. Examples of such circumstances include the following:
- Your loved one passed on due to the negligence of another party.
- Your loved one passed on under circumstances in which they would have otherwise been entitled to financial compensation.
- You suffered damages due to the wrongful death of your loved one.
What type of compensation can I receive for my lawsuit?
There are types of economic and non-economic damages that are typically recovered with a successful wrongful death claim. Examples of such include the following:
- Loss of guidance, care, and/or companionship: this is especially the case if your loved one cared for their minor children or otherwise carried out certain household responsibilities.
- Lost wages: this is especially the case if your loved one was financially responsible for providing for their family.
- Medical bills: this is especially the case if your loved one required serious medical care or treatment towards the end of their life.
- Funeral costs: this is especially the case if there were travel costs involved.
And to have a chance at recovering this compensation, then you must file your claim before Ontario’s statute of limitations. This deadline is generally two years from the date of your loved one’s passing. However, if you are a minor dependent, you will have until two years after you reach the legal age.
To kickstart your case today, you must contact a skilled Ontario personal injury lawyer.