Fatality/Wrongful Dealth

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Fatality/Wrongful Dealth

Ontario Wrongful Death Lawyers

The loss of a loved one is a devastating event, particularly when the loss is unexpected and preventable. According to the Ontario Driving Statistics for 2021, from the Ontario Ministry of Transportation, there were 617 traffic fatalities on Ontario roads during 2017. Although Ontario’s fatality rate for car accidents is one of the lowest in North America, such cases are among the most tragic for everyone involved. While we understand there is no way to replace a family member’s life, and compensation may be a secondary concern behind grieving such a loss, Ontario law provides legal recourses to family members to seek compensation.   

At Juzkiw Law, Stefan Juzkiw and our team of wrongful death lawyers help clients to understand the options available following a fatality. We are well aware of the devastating nature of this experience and have the necessary patience and expertise to educate and navigate clients through the legal process as their claim moves forward.

Filing a Wrongful Death Lawsuit

In Ontario, under the Family Law Act, when a close family member is seriously injured or killed through the fault of another, a lawsuit can be filed  allowing for the deceased victim’s family member to recover specific damages for the following:

  •  Expenses incurred on behalf of the injured person’s benefit
  • Funeral expenses
  • Allowance for travel expenses incurred while visiting the injured person during their treatment or recovery
  • Allowance for lost wages or value of services if family member provides nursing, housekeeping or other services as a result of the injury
  • An amount to compensate for loss of care guidance and companionship caused by the person’s injuries or death
  • Claims for loss dependency
  • Your own claim for benefits, including necessary treatment (i.e., Psychological counselling) to help you recover

In addition to the amounts that family members may receive through a wrongful death claim, they may be able to claim accident benefits in motor vehicle accident cases. Like all accident benefits, death and funeral benefits are available regardless of who caused the motor vehicle collision, including when the deceased family member is deemed to be at-fault. These accident benefits include:

  • Spouse’s benefit: $25,000.00 payment to the deceased’s spouse
  • Dependents’ benefits: $10,000 payment to each of the deceased’s dependents. Further,  if no spouse’s benefit is required, then the $25,000.00 that would have gone to the spouse is split equally amongst the deceased’s dependents; and
  • Funeral benefits: $6,000.00 maximum for funeral expenses.

At Juzkiw Law, our team knows that the death of a loved one is a devastating loss. If your family member has suffered a fatal death or died following an illness resulting from another party’s negligence, please get in touch with us for help. Our wrongful death lawyers have the dedication and advocacy tools to secure maximum compensation in the wake of your loss.

Serving Ontario: Hiring a Wrongful Death Lawyer

To speak with a member of our team for a free consultation, contact us online or call us at 416-290-5055. If mobility is a concern, we can arrange to see you.

Family Law Act Tab: 

The Family Law Act (FLA) is an Ontario Statute that focuses primarily on family law matters. Part V of the Act is relevant to personal injury law. It permits specified family members of an injured or deceased victim to sue another party for their intentional or negligent act. Part V of the FLA identifies circumstances in which an injured person’s close family members can claim their own damages if the following criteria are satisfied:

  • The family member was injured or killed
  • By the negligence or fault of another party
  • Under circumstances where the injured person is entitled to recover damages, or would have been entitled if not killed; and

In addition, the family members who qualify to bring the claim include:

  • Spouse
  • Children and grandchildren
  • Parents and grandparents; and
  • Brothers and sisters.

However, FLA claims are subject to the following limitations, which include:

  • The reduction of any damage award reduced to the extent the injured person was at-fault or partially at-fault in causing their own injuries.
  • $100,000.00 limit for pain and suffering damages.

In cases that  involve a motor vehicle accident, any pain and suffering damages awarded under the FLA will be reduced by the statutory deductible, which is $18,991.67 for 2018. This deductible will not apply if:

  • Pain and suffering damages award to a close family member under the FLA is over $63,304.51 or
  • The victim sustained injuries and died as a result of the accident.

o   Note: Ontario Driving Statistics for 2021 – refer to web address g1.ca for full report

o   Note: Include Part V of FLA Act and refer to fsco.gov.on.ca for FLA statutory deducible amounts chart

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