Losing a loved one due to someone else’s negligence is a heartbreaking and life-changing event. While no amount of money can truly compensate for the loss of a family member, Ontario law allows families to seek financial compensation to help ease the burdens caused by their loved one's passing. If a family member has died due to someone else’s negligence—such as in a car accident or medical malpractice —you may be able to file a ‘wrongful death’ claim under Ontario’s Family Law Act.
In Ontario, the following family members of the deceased may be eligible to seek
compensation in a wrongful death claim:
- Spouse (including common-law partners who meet legal requirements)
- Children
- Grandchildren
- Parents
- Grandparents
- Siblings
Wrongful death damages generally fall into two main categories:
- Compensation for Emotional and Relationship Losses
- Compensation for Financial Losses
Ontario law recognizes that losing a loved one affects not just finances but also emotional well-being and family relationships. Courts award damages for:
- Loss of Care, Guidance, and Companionship: Compensates family members for the love, support, and advice they would have received if their loved one had lived.
- Pain and Suffering of Survivors: Family members may suffer severe emotional distress or mental health struggles due to their loved one’s death. In rare cases, they may claim for nervous shock.
A wrongful death can leave surviving family members struggling financially. Ontario law allows families to claim compensation for these losses, which may include:
- Loss of Financial Support: Compensation for the income the deceased would have contributed over their expected working life.
- Loss of Household and Childcare Services: Compensation for the cost of replacing these services.
- Loss of Inheritance: Dependents may claim compensation for the inheritance they would have received.
- Medical and Funeral Expenses: Families can claim costs for medical care provided before passing and funeral expenses.
- Travel and Caregiving Costs: Reimbursement for expenses incurred while visiting or caring for their loved one.
The amount of compensation awarded in wrongful death cases varies depending on several factors, including:
- The deceased’s age and life expectancy
- Their income and expected future earnings
- Their role in the family
- The strength and closeness of family relationships
- The financial and emotional impact on surviving family members
Recent Ontario cases suggest that loss of care, guidance, and companionship damages generally range from $20,000 to $100,000 per family member.
If the deceased played some role in the accident, their family may still receive compensation, but the amount may be reduced based on their level of responsibility.
In Ontario, most wrongful death claims must be filed within two years of the date of death. If the lawsuit is against a municipality, families may have as little as 10 days to provide written notice.
At HURT911 Injury Law, we understand that navigating a wrongful death claim is overwhelming while you are grieving. Our experienced team is available 24/7 to answer your questions.
📞 Call us at 1-855-HURT911 for a FREE consultation.
This blog entry is for informational purposes only and does not constitute legal advice. Reading this article does not create a lawyer-client relationship. For a free consultation, please contact HURT911 Injury Law at 1-855-HURT911.