The loss of a loved one is an unimaginable tragedy, made even more painful when their passing is caused by someone else’s negligence. Beyond the emotional toll, a wrongful death can create significant financial hardships, leaving families struggling with lost income, medical expenses, and other unforeseen costs.
At Perley-Robertson, Hill & McDougall LLP/s.r.l., our experienced wrongful death lawyers are here to guide you through this difficult time and help ensure you receive the justice and compensation your family deserves.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action that allows family members to seek compensation for a loved one’s death that was caused by negligence, recklessness, or misconduct of another. These claims commonly arise from situations such as:
• Motor vehicle accidents: Car, truck, motorcycle, bicycle, and pedestrian accidents caused by negligent drivers.
• Medical malpractice: Fatal medical errors, misdiagnoses, surgical mistakes, or failure to provide adequate treatment.
• Workplace accidents: Fatal injuries occurring due to unsafe working conditions, defective equipment, or employer negligence.
• Slip and fall incidents: Fatal injuries sustained on unsafe premises due to poor maintenance or hazardous conditions.
• Defective products: Deaths caused by dangerous or faulty products, including vehicle defects or unsafe pharmaceuticals.
If you have lost a loved one due to another party’s negligence, you may be eligible to pursue a wrongful death claim.
Compensation for Wrongful Death Claims
In Ontario, the Family Law Act allows certain family members to seek compensation for both the emotional and financial impact of losing a loved one to a wrongful death. Eligible claimants include spouses, children, parents, grandparents, grandchildren and siblings. Compensation may cover:
• Loss of care, guidance and companionship: Financial compensation for pain and suffering relating to the loss of your loved one.
• Mental distress: Financial compensation for psychological injuries.
• Loss of income & future earnings: Compensation for the financial support your loved one would have provided and any income losses you might have suffered as a result of their death.
• Funeral and burial expenses: Reimbursement for necessary end-of-life expenses.
• Medical expenses prior to death: Coverage for medical treatments and hospitalization costs related to the fatal incident.
• Future medical costs: Compensation for any medical costs family members have relating to the death of their loved one (psychological services etc.)
• Loss of services and support: Compensation for household contributions, caregiving, and other forms of support your loved one provided.
Our Wrongful Death Lawyers in Ottawa are Here to Help
Experienced
With decades of experience, our legal team has successfully represented families in their pursuit of justice. We have the knowledge, resources and litigation experience to handle complex cases and maximize compensation for our clients.
Compassionate
We recognize that no amount of compensation can replace the loss of a loved one. However, seeking financial recovery can help ease some of the burdens that come with an unexpected passing. Our legal team is dedicated to offering not just legal representation, but also emotional support, guiding you with care and understanding throughout the process.
Results-Driven
Our priority is to achieve the best possible resolution for every client. We meticulously build strong cases, negotiate assertively, and, when necessary, take decisive action in court to fight for the justice and financial security your family deserves.
Frequently Asked Questions About Wrongful Death Claims
Q: Who can file a wrongful death claim in Ontario?
A: Under Ontario’s Family Law Act, immediate family members, including spouses, children, parents, grandparents, grandchildren and siblings, may have the legal right to pursue a wrongful death claim. The estate of the person who died in some circumstances may also advance a claim.
Q: What is the time limit for filing a wrongful death lawsuit in Ontario?
A: Generally, a wrongful death lawsuit must be filed within two years from the date of death. Certain factors may influence this timeframe, but we suggest you seek legal counsel as soon as possible.
Q: How long does it take to settle a wrongful death claim?
A: The time it takes to settle a wrongful death case varies depending on factors such as the complexity of the claim, the willingness of the opposing party to settle and whether court proceedings are necessary. Some claims are resolved in a matter of months, while others may take years.
Q: Will I have to go to court for a wrongful death lawsuit?
A: Many wrongful death cases reach a settlement outside of court through negotiations. However, if a fair agreement cannot be reached, the claim may be taken to court.
