Death That Just Shouldn’t Have Happened; Dealing with Wrongful Death in Ontario
There is no pain greater than dealing with the death of a loved one – worse if you believe that their death could have been prevented. The wrongful death lawyers at Futerman Partners LLP in Toronto have extensive experience and expertise in representing families who have lost a loved one as a result of negligence.
It’s a fact of life that death is inevitable, but when death occurs as a result of a reckless or negligent action of another, this can be deemed a wrongful death. Instances of wrongful death can be caused by motor vehicle accidents, medical malpractice and other types of negligent acts.
Poor driving behaviour is often to blame as the cause of traffic accidents, according to a statement made by the Ontario Provincial Police, as reported in an article in the Ottawa Citizen by Meghan Hurley (March 23, 2015). To quote the article, OPP maintains, “The data showed that 2,358 men died in fatal road crashes in Ontario between 2005 and 2014 compared to 1,146 women….only 450 of the motorists were driving properly when the crashes occurred, police said…men between the ages of 25 and 34 were in the highest fatality occurrence and also had the highest rate of seatbelt-related fatalities.”
The Ottawa Citizen in the same article quotes OPP Deputy Commissioner Brad Blair, the provincial commander of traffic safety and operational support as saying; “By personifying our collision data, the public can better grasp the magnitude of loss and the impact poor driving behaviour has had on thousands of lives in Ontario these past 10 years.” According to the article, of the 3,504 people killed between 2005 and 2014, almost 70% were drivers, 23% were passengers, while pedestrians made up the balance.
We see the highway signs every day on the 401 warning drivers about not texting or talking on cell phones while driving and reminders about wearing seat belts and ensuring children are buckled into proper car seats. And yet, wrongful deaths still occur in motor vehicle accidents at an alarming rate.
In Ontario, the family members of the deceased involved in a wrongful death may be able to claim damages from the at-fault party under the Family Law Act. They may also be able to claim for the value of a dependency claim ( a portion of the deceased’s lost income), the loss of services they would have received from the deceased, as well as funeral costs and other expenses and financial losses. In motor vehicle or pedestrian accidents resulting in death, the family may be eligible for death and funeral benefits under the No-Fault Benefit Schedule. Benefits could include a lump sum payment to the spouse, as well as to the dependents of the deceased.
If you have lost a loved one as a result of negligence, please call one of our wrongful death lawyers at Futerman Partners LLP in Toronto. We handle each case with compassion backed by over 30 years of expertise in litigating wrongful death claims. Call us today for a free consultation at 647-496-9619.