Wrongful death and actions for damages

Each year in Toronto and across Ontario, some people are killed in fatal car accidents. When a person is killed, their families and loved ones are often left to deal not only with the emotional losses they experience due to the death but also financial expenses and losses that can compound the loss.

When a person is killed as a result of the negligence of another driver, the law allows certain family members to file a lawsuit for damages and losses they have incurred as a result. Family members who are entitled to file suit includes the decedent’s spouse, children, parents, grandparents or siblings.

The law allows plaintiffs to recover damages in several different categories. People may recover the actual cost of funeral expenses, any expenses incurred for provided benefits to their loved one, travel expenses for traveling to visit the loved one while he or she was receiving treatment for his or her injuries, loss of income or value of previously provided services and loss of the loved one’s companionship, guidance and care. Even in situations in which the deceased was also partially at fault, the family may be able to recover a portion of damages relative to the degree of contributory negligence of both the deceased and the other driver.

When people are killed in motor vehicle accidents due to the negligence of another driver, their loved ones may seek recovery of their pecuniary losses by filing a wrongful death claim against the negligent driver. The families of those killed may wish to speak with a personal injury lawyer who accepts wrongful death cases for advice and assistance. A lawyer can help by reviewing the relevant facts, helping to gather pertinent documents, filing claims and attempting to negotiate global settlements with the defendant, insurance companies and other lawyers.

Source: CanLII, “Family Law Act, RSO 1990, c F.3 “, November 03, 2014

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