What should I do after a wrongful death occurs?

There are a number of steps that should be taken after a loved one suffers from a wrongful death. These include: Gathering as much information as possible (pictures, witnesses, police reports, etc). Get all medical documents and bills in regards to the incident that caused the death. A personal accident lawyer can also help you with this. Calculate and get documents to show what your loved ones wages were before their death. Document how you and your families life has been impacted as a result of the wrongful death; financially and emotionally.

When should I file a wrongful death lawsuit?

The sooner you file a wrongful death lawsuit the better. This way your personal accident lawyer can start preparing your case and gathering documentation as soon as possible to ensure that compensation is received.

How long do I have to file a wrongful death claim in Ontario?

In Ontario, the statute of limitations is generally two years from the date of the death. If the deceased was under the age of 18, the state if limitations is two years after their 18th birthday.

What damages are the victim’s dependents entitled to?

Family members are entitled to claim a number ion damages in a wrongful death claim. These include: Expenses on behalf of the deceased Funeral and burial costs Nursing, housekeeping and other services provided from the time between the accident and the date of death Loss of income and/or financial support Loss of love, companionship and emotional support

Am I entitled to damages for emotional distress?

Unfortunately no. But you can recover damages for any costs related to your emotional stress, such as therapy and counselling.

How are damages divided when there are multiple heirs?

In Ontario, damages for wrongful death are usually divided based on the conditions that the surviving family members request. If they can’t reach an agreement, then the presiding judge or mediator will make this decision for them.

Wrongful Death

Wrongful Death Lawyers in Ontario

The loss of a family member following an accident is devastating. If you have lost a family member as a result of an accident that was caused by a third party’s negligence, you can seek compensation for loss of financial support and for the loss of care, guidance and companionship of the family member.

Our lawyers have successfully helped families pursue wrongful death claims and we understand what a difficult time your family is going through.

About Wrongful Death claims in Ontario

Wrongful death is a type of claim that family members of a deceased person can bring if the individual died as a result of negligent or reckless actions of another person, whether intentional or unintentional, and if the family member(s) have suffered losses that can be measured, such as financial losses.

What is a Wrongful Death?

A wrongful death can occur as a result of a car accident (pedestrian, cyclist or motorcyclist), as a result of a workplace accident, a medical malpractice claim or as a result of defective products.

Who can make a Wrongful Death claim?

A parent, spouse, child, grandparent or sibling can make a wrongful death claim for the loss of a family member.

When should I consult with a lawyer?

If you have suffered the loss of a family member due to the negligence of another, it is important that you consult a lawyer as soon as possible to ensure that a proper liability investigation is completed as soon as possible. This will help to prove the at fault party’s negligence and will find out how the accident happened. A lawyer can explain to you how long you have to file a claim.

Answers to commonly asked questions

What should I do after a wrongful death occurs?
There are a number of steps that should be taken after a loved one suffers from a wrongful death.

These include:
- Gathering as much information as possible (pictures, witnesses, police reports, etc).
- Get all medical documents and bills in regards to the incident that caused the death. A personal accident lawyer can also help you with this.
- Calculate and get documents to show what your loved ones wages were before their death.
- Document how you and your families life has been impacted as a result of the wrongful death; financially and emotionally.
When should I file a wrongful death lawsuit?

The sooner you file a wrongful death lawsuit the better. This way your personal accident lawyer can start preparing your case and gathering documentation as soon as possible to ensure that compensation is received.
How long do I have to file a wrongful death claim in Ontario?

In Ontario, the statute of limitations is generally two years from the date of the death. If the deceased was under the age of 18, the state if limitations is two years after their 18th birthday.
What damages are the victim’s dependents entitled to?
Family members are entitled to claim a number ion damages in a wrongful death claim.

These include:
- Expenses on behalf of the deceased
- Funeral and burial costs
- Nursing, housekeeping and other services provided from the time between the accident and the date of death
- Loss of income and/or financial support
- Loss of love, companionship and emotional support
Am I entitled to damages for emotional distress?

Unfortunately no. But you can recover damages for any costs related to your emotional stress, such as therapy and counselling.
How are damages divided when there are multiple heirs?

In Ontario, damages for wrongful death are usually divided based on the conditions that the surviving family members request. If they can’t reach an agreement, then the presiding judge or mediator will make this decision for them.

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