A wrongful death claim arises when a person loses his life as a result of the negligence of another person or legal entity. A wrongful death claim may arise out of a tragic accident like a car accident, or the negligence of a health care professional.
In Ontario, the family members of the deceased may be eligible to claim damages from the at fault party under the Family Law Act for the loss of guidance, care and companionship. There may also be claims for the value of the loss of services they would have received from the deceased, funeral and other expenses and financial losses, sometimes referred to as dependency claims.
If the death arises out of a motor vehicle accident, the family may be eligible for Death and Funeral Benefits under the Statutory Accident Benefit Schedule (“No Fault Benefit Schedule”). The benefits that may be available include a payment of $25,000.00 to the spouse of the deceased and an additional payment of $10,000.00 to each of the deceased’s dependants and to each person to whom the deceased had an obligation at the time of the accident to provide support under a domestic contract or court order.
A former spouse of the deceased, who meets certain criteria, may also be eligible for a payment of $10,000.00 and a person in respect of whom the deceased was a dependant may also qualify for a similar death benefit. In addition, funeral expenses are generally payable to the family of the deceased up to a maximum of $6,000.00.
The lawyers at Futerman Partners LLP have extensive experience and expertise in representing families, who have lost a loved one as a result of negligence. We will deal with your family’s claim with sensitivity and caring. We will ensure that all your legal rights are protected during this difficult time for you and your family, as you cope with your loss.