Wrongful Death Claims in Ontario | What to Know

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If you lost a loved one because of the negligence of another, you may be able to file a wrongful death claim. Reach out to our firm today to speak with a Toronto wrongful death lawyer today.

Who is eligible to file a wrongful death claim?

It is important to recognize that there are only a select group of individuals that are qualified to bring a wrongful death suit. They include spouses, parents, children, grandchildren, grandparents, and siblings of the person who has suffered a wrongful death. Furthermore, these individuals must be able to prove the following:

  • The decedent lost their life due to another party’s negligence
  • The decedent lost their life under circumstances wherein they would have been entitled to financial compensation had they not lost their life
  • You, the decedent’s family member, suffered damages due to the wrongful death of your loved one

What kinds of damages can I recover in a wrongful death suit?

When it comes to a wrongful death claim, family members can expect to face a wide array of damages if your loved one recently lost his or her life as a direct result of another party’s negligence. Below are the most common types of damages that you can recover:

  • The loss of care, companionship, and guidance your loved one provided
  • Funeral expenses
  • The cost of medical care given to your loved one before they passed
  • Increased expenses as a result of your loved one passing
  • 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 passing

What is the statute of limitations for wrongful death claims in Ontario?

It is important to understand that 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. This suggests that you have two years from the date of death to pursue legal action against the negligent party liable. Keep in mind that if your loved one wrongfully lost his or her life in a municipality in Ontario, you will have less time to file a Notice of Claim. In the event that you fail to file your claim within the statute of limitations, you will likely lose the opportunity to file this claim entirely.

Contact our firm today to get started on your claim. Our legal team will ensure you meet every deadline and obtain the evidence you need to get the justice you and your family need to move forward.

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