The death of a family member in a car accident is heartbreaking. From an emotional standpoint, the loss to someone might be enormous. Many people are unsure what they can do or how to proceed.
Wrongful death is defined as the death of a person as a result of injuries sustained in an accident as a result of another person’s irresponsible acts. Wrongful death cases sometimes include someone who was killed in an automobile accident. A lawsuit might be filed against anyone who is to blame for the death. Wrongful death claims are classified as civil proceedings, and the question is how much compensation family members are entitled to for the loss of a family member. In a wrongful death lawsuit, you may be entitled to sue for both economic and non-economic losses.
The Family Law Act governs who can claim damages in a wrongful death lawsuit in Ontario. According to the Act, the following family members are eligible for compensation:
• partners (including common-law)
• relatives (brothers and sisters)
In a wrongful death lawsuit, you can seek for the following sorts of damages:
• The loss of income that the individual would have given if death had not occurred;
• The loss of leadership, care, and companionship that dependents may have reasonably expected from the individual if the death had not occurred;
• The claimant’s loss of income as a result of the death (for example, being unable to work for a period of time owing to emotional anguish and suffering);
• Prior to death expenses such as travel, prescriptions, therapies, or hospital costs; and
• Funeral and burial costs
In addition, in the event of a car accident, your own insurance or the insurer of the dead offers death and funeral compensation. The Statutory Accident Benefits Schedule of a basic vehicle insurance policy requires the insurer to pay a death benefit of $25,000 to the deceased’s spouse and $10,000 to each of the deceased’s dependants. The insurer is also required to pay up to $6,000 in funeral expenses.
If you or a loved one has been killed in a car accident, please call me for a free, no-obligation consultation to discuss your legal options. I have over 20 years of expertise in the personal injury industry and can help you collect what you are entitled to for the death of a loved one. You may reach me at 416-379-4621 or [email protected].
Barnhart, Adam T.
Lawyer for Personal Injury in Toronto