Fatalities
Losing a loved one is in itself difficult to cope with, but losing a loved one suddenly through a traumatic accident can be devastating.
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Trying to manage with the loss of a loved one and continue living as normal a life as possible can be an overwhelming prospect.
While no amount of financial compensation can truly make up for such a loss, Ontario’s Family Law Act allows for certain family members of a deceased person to make a claim for compensation for losses they may have suffered as a result of the loss of a loved one in a fatal accident. This law recognizes that there is a need to consider the importance of the role that the deceased person had in an individual’s and family’s life and allow for financial compensation.
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The law also considers the financial repercussions of their passing and the burden that this places on family members. Persons entitled to recover damages are the deceased person’s spouse, including common-law spouse, children, grand-children, parents, grandparents, brothers, and sisters.
In the event of a fatal accident caused by the fault of another, family members of the deceased person may be entitled to claim compensation such as:
- Loss of care, guidance, and companionship that the deceased person would have provided to their family
- Loss of financial contribution that the person would have made to support their family
- Loss of household services and chores that the person would have done to support their family
- Funeral and burial expenses
- Out-of-pocket expenses reasonably incurred for the benefit of the deceased, travelling expenses during the deceased’s treatment, and either income allowance or the value of the expenses for the provision of nursing, housekeeping, or other services provided to the deceased
- Loss of income that family members suffer as a result of the death
Most of these categories can be translated into a pecuniary or economic loss, such as past and future income loss and out-of-pocket expenses. However, the loss of care, guidance, and companionship is a non-pecuniary loss and its value is based on the relationship you had with the deceased person. As a result, courts assess each claim on an individual basis considering the unique circumstances surrounding that particular relationship to determine what financial compensation is appropriate for the loss incurred.
The distinctiveness of each fatal accident claim means that an experienced fatal accident lawyer will be able to highlight the uniqueness and strength of your own relationship with your deceased family member in order for you and your family to receive the compensation that you deserve and come one step closer to achieving a sense of closure.
While family members or dependants can make a claim regarding their losses after their loved one’s fatal accident, the deceased person through their estate does not have a right of claim for a fatal accident after their death. Instead, the estate of the deceased person has a right of claim for losses suffered before death. This means that the period in between when the accident occurred and when the deceased person succumbed to their injuries they are entitled to be compensated for the pain and suffering they endured.
For those in the grieving process the prospect of initiating a fatal accident claim can be intimidating, but with the right legal help, it doesn’t need to be.
Foisy & Associates is a qualified and experienced fatal accident lawyer who provides compassionate legal advice and support for family members affected by a fatal accident. Compelling representation with empathy and understanding is what you can expect from over 25 years of experience in helping families during such difficult and stressful times.
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Frequently Asked Questions About Fatalities Injuries
What is a fatal accident?
A fatal accident is a death that is caused by the fault of another individual or company.
Who can claim compensation in a fatal accident claim?
Under Ontario’s Family Law Act, R.S.O. 1990, c F.3 section 61 the persons eligible for compensation are the spouse, including common-law spouse, children, grandchildren, parents, grandparents, brothers and sisters of the deceased person. To receive compensation it is not required that you were financially dependant on the deceased in order to make a claim. The estate of the deceased person does not have a right of claim for losses suffered under the Family Law Act.
Can the estate of the deceased person make a fatal accident claim?
Unlike American law, in Canada the estate of the deceased person does not have a right of claim for losses suffered as a result of the fatal accident. However, the estate of the deceased person can make a claim for the deceased’s losses before death, specifically for the pain and suffering endured in between the time when they sustained the injuries in the fatal accident and when they eventually succumbed to these injuries.
What sort of compensation can be claimed in a fatal accident claim?
- Loss of care, guidance and companionship that the deceased person would have provided to their family
- Loss of financial contribution that the person would have made to support their family
- Loss of family work, household services and chores that the person would have done to support their family
- Funeral and burial expenses
- Out-of-pocket expenses reasonably incurred for the benefit of the deceased, travelling expenses during the deceased’s treatment, and either income allowance or the value of the expenses for the provision of nursing, housekeeping or other services provided to the deceased
Loss of income that family members suffer as a result of the deathWatch these videos to learn more about understanding fatal accident claims:
When must a fatal accident claim be filed?When must a fatal accident claim be filed?
For a fatal accident claim, the ‘statute of limitation’ or maximum allowable time in which a claim must be filed with the court is generally within 2 years of the loss. To know your rights and ensure that you meet this deadline, contact a qualified and experienced fatal accident lawyer.
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