Wrongful death lawsuits are intended to seek financial compensation from those responsible for an accident causing death. They’re usually filed in civil courts and are most often associated with car accidents. Depending on the accident, criminal charges may also be filed against the person who caused the accident. Criminal charges are separate from civil action.Certain family members can file a wrongful death lawsuit according to Ontario’s Family Law Act. When someone loses their life because of the negligent actions of another, spouses and children and sometimes other specific family members may have the right to a lawsuit.
Eligibility for claim
The wrongful death lawsuit is filed against the responsible persons who caused the death. Insurance companies of the at fault driver are responsible for compensation, in most cases.Determining what to pay is extremely difficult since putting a financial value on the loss of life is nearly impossible to those who loved that person. A great deal of delicacy is required and regardless of the amount payed, the process will be painful.
Personal Injury Lawyer in Vaughan are trained to handle such delicate situations which can help the families of the person fatally injured deal with some of the financial hardships that arose from that person’s death. Ontario law says financial hardships may be recoverable and can include:
• Financial support
• Loss of guidance, care and companionship
• Actual expenses
Financial Support:The official term for this type of compensation is called pecuniary loss. It’s a general term applying to any financial loss the family has suffered from the death of that family member. Valuation of this compensation is supposed to take into consideration inflation and future projected earnings and any financial contribution the claimant may have justifiably received had the victim not died due to the accident.
Loss of Guidance, Care and Companionship: The loss of any family member can be extremely painful. The loss of a parent or spouse can have a significant impact on the guidance, care and companionship the surviving family member may have received. It is possible to receive some financial compensation for this type of loss, and covers the loss of guidance; care and companionship the claimant would have reasonably expected had their family member not died.The amount of compensation awarded takes into consideration the age and living arrangements of the claimant at the time of the accident and the nature of the family relationship. It can include covering practical expenses such as cleaning, meal preparation and transportation. It can provide coverage for harder to measure qualities like loss of companionship based on special bonds between the family members.
Actual Expenses: In wrongful death lawsuit, it’s possible to sue for the costs of medical treatments, medicine and travel expenses, and even time spent visiting the fatally injured person during his or her treatments before that person died. The actual expenses are in addition to reasonable burial and funeral expenses.