— WRONGFUL DEATH LAWYERS
No lawsuit can replace the person you lost. But it can protect what's left.
Losing someone you love because of another person's negligence is one of the most devastating experiences a family can face. In the days and weeks after a fatal accident, families are often forced to make urgent decisions while grieving, arranging a funeral, and dealing with insurance companies.
At Oatley Vigmond, our Ontario wrongful death lawyers help families understand their rights and pursue compensation with care, providing accountability and protecting the family’s financial future.
Toronto • North York • Scarborough • Vaughan • Brampton • Mississauga
Families in the early days after a sudden loss are often faced with difficult decisions, practical responsibilities, and questions about what comes next, all while navigating an incredibly difficult time. Our guide to support for bereaved families provides information and resources to help families understand some of the practical, emotional, and legal considerations that may arise following the unexpected loss of a loved one.
Oatley Vigmond is recognized as one of Canada’s Top Personal Injury Law Firms by Canadian Lawyer magazine. Our team is available 24 hours a day, 7 days a week for a free consultation to answer questions and help families understand their legal options. There are no legal fees unless your case is successful.
Experience with wrongful death claims
Wrongful death claims are about more than an insurance claim. They are about understanding the full impact a sudden loss has on the people left behind.
Oatley Vigmond has represented families across Ontario in complex wrongful death claims arising from serious motor vehicle and motorcycle collisions. Our experience includes securing significant settlements for surviving families, including a $5.5 million settlement following a fatal head-on collision and a $1.5 million settlement following a fatal motorcycle collision. In each case, our lawyers work to account for the full extent of the family’s loss, including lost financial support, dependency claims, loss of care, guidance and companionship, and other long-term consequences of a loved one’s death.
What Is a Wrongful Death Claim in Ontario?
A wrongful death claim in Ontario is a civil claim that may arise when a person dies because of another person, business, organization, or other party’s negligence or wrongful conduct.
In Ontario, wrongful death claims generally involve two legal pathways. A Family Law Act claim allows eligible family members to seek compensation for certain losses resulting from the death of a loved one. An estate claim under the Trustee Act may allow the deceased person’s estate to pursue certain claims and losses that belonged to the deceased before their death.
A wrongful death lawsuit is separate from any criminal proceeding. It is a civil claim focused on compensation for the surviving family and the estate. A family may be able to pursue a wrongful death claim even when no criminal charges are laid.
The key questions in an Ontario wrongful death claim include: Did another person or organization owe the deceased a duty of care? Was that duty breached through negligence or wrongful conduct? Did that conduct cause or contribute to the death? What financial and non-financial losses have the surviving family members and estate experienced as a result?
Oatley Vigmond’s Ontario wrongful death lawyers investigate the circumstances surrounding a fatal accident, identify potentially responsible parties, preserve and gather evidence, and assess the losses available to the family and estate. This process helps build the evidence required to pursue appropriate compensation and hold negligent parties accountable.
Who Can Bring a Wrongful Death Claim in Ontario?
Under Ontario’s Family Law Act, certain family members may seek compensation when a loved one dies because of another person or organization’s negligence.
Eligible family members may include a spouse, children, grandchildren, parents, grandparents, brothers, and sisters. Compensation may include funeral expenses, loss of financial support or services, caregiving and travel expenses, and loss of guidance, care, and companionship.
The deceased person’s estate may also have a separate claim. Oatley Vigmond’s wrongful death lawyers help families understand who may be eligible to make a claim and what compensation may be available.
Family Law Act Claims and Estate Claims
A wrongful death case may involve both family and estate claims. Oatley Vigmond helps families understand how each claim works and ensures the full impact of their loss is considered.
Family Law Act Claim
Belongs to eligible surviving family members and may include financial losses such as funeral expenses, travel costs, lost income, and lost services. It may also include compensation for loss of guidance, care, and companionship, which recognizes the loss of the relationship with their loved one.
Estate Claim (Trustee Act)
Belongs to the deceased person’s estate and is brought by the estate trustee or personal representative. It may include compensation for pain and suffering before death, lost income between the injury and death, medical expenses, and other losses experienced by the deceased before their passing.
Building this evidence can involve family photographs and videos, witness statements, employment and financial records, school records, and other documentation that helps show what the deceased contributed to the family’s daily life. Oatley Vigmond works with families to develop this evidence and ensure the true extent of their loss is reflected in the wrongful death claim.
What Compensation Can Be Claimed After a Wrongful Death?
The value of a claim depends on the available evidence. For example, the death of a young parent with dependent children may result in a significant dependency loss claim, while a surviving spouse may have a claim for the loss of shared income, household services, care, and support.
Compensation may include funeral and burial expenses, out-of-pocket and travel expenses, medical expenses before death, loss of financial support and future income support, loss of household services and childcare, loss of guidance, care, and companionship, loss of parenting support, counselling expenses in some cases, estate claims for losses before death, and accident benefits in fatal motor vehicle cases.
Oatley Vigmond works with accountants, economists, vocational experts, and estate professionals to assess the full value of the claim.
Dependency Loss Claims After a Fatal Accident
Dependency loss is often one of the most important parts of a wrongful death claim.
A dependency claim may arise when surviving family members relied on the deceased for income, childcare, household services, transportation, financial management, or other forms of support. When a spouse or parent dies, the financial impact can extend far into the future. Children may lose financial support for housing, food, education, and other needs, while a surviving spouse may lose contributions toward mortgage payments, childcare expenses, household responsibilities, and retirement savings.
Dependency loss can include lost family income, financial support for children, childcare and household services, home maintenance, transportation, financial management, and future pension or retirement benefits. Calculating these losses may require tax returns, employment and income records, pension information, and expert accounting or economic evidence.
Oatley Vigmond carefully evaluates both the immediate and long-term financial impact of a wrongful death to help ensure that dependency losses are properly documented and reflected in the family’s claim.
Loss of Guidance, Care, and Companionship
This part of a wrongful death claim recognizes that the loss extends beyond financial support and household services. It also reflects the profound loss of care, guidance, companionship, and the relationship family members shared with their loved one.
They lose advice, affection, parenting, emotional support, shared traditions, practical help, family leadership, and the daily presence of someone who mattered deeply. This loss may affect a spouse who loses a life partner, a child who loses a parent, a parent who loses a child, or a sibling who loses a brother or sister.
Courts and insurers need to understand the nature of the relationship, not simply the family member’s legal relationship to the deceased. A strong claim may include evidence of time spent together, caregiving responsibilities, shared activities, family traditions, daily routines, and the role the deceased played in the lives of their loved ones.
Oatley Vigmond approaches these claims with care and sensitivity. The goal is to provide a meaningful picture of who the person was, the relationships they shared with their family, and the lasting impact their loss has had on those closest to them.
Dependency Loss Claims After a Fatal Accident
If the death occurred in a motor vehicle accident in Ontario, accident benefits may also be available through the automobile insurance system.
Following a fatal motor vehicle accident in Ontario, eligible family members may be entitled to death benefits and funeral benefits through Ontario’s Statutory Accident Benefits Schedule (SABS), depending on the circumstances and available insurance coverage. These accident benefits are separate from a wrongful death lawsuit against an at-fault driver or other negligent party. In many fatal motor vehicle accident cases, both claims may proceed at the same time and should be carefully coordinated. Learn more in our guide to Ontario accident benefits.
Oatley Vigmond has a dedicated team of Accident Benefits Specialists who work alongside our personal injury lawyers to help families understand the benefits that may be available, complete the required forms and documentation, and understand how accident benefits may interact with a broader wrongful death claim.
Common Causes of Wrongful Death Claims in Ontario
In many cases, more than one party may be legally responsible for a fatal accident.
Motor Vehicle Accidents
Fatal car, motorcycle, truck, pedestrian, and bicycle collisions are among the most common causes of wrongful death claims in Ontario. When a death is caused by a negligent or careless driver, eligible family members may be able to pursue compensation for the financial and personal losses resulting from the death. These cases may also involve accident benefits available through Ontario’s auto insurance system.
Boating Accidents
Fatal boating and watercraft accidents can occur because of operator negligence, excessive speed, impairment, unsafe operation, inadequate safety equipment, or other preventable circumstances. When negligence contributes to a fatal boating accident, surviving family members may have the right to pursue a wrongful death claim against the responsible party.
Medical Malpractice
A wrongful death claim may arise when the negligence of a physician, nurse, hospital, or other healthcare provider causes or contributes to a patient’s death. Medical malpractice cases can involve delayed or missed diagnoses, surgical errors, medication errors, inadequate monitoring, or failures to provide an appropriate standard of care. These claims are often complex and require detailed medical evidence and expert opinions.
Unsafe Property
Property owners and occupiers have a responsibility to take reasonable steps to keep their premises safe. Fatal falls and other accidents may result from hazards such as unsafe stairs, inadequate maintenance, poor lighting, missing railings, or dangerous property conditions. When a property owner or occupier fails to address a foreseeable hazard and someone dies as a result, the surviving family may have grounds to pursue a wrongful death claim.
Evidence and Timing in a Wrongful Death Claim
Families should not be expected to gather all of this information on their own, especially while grieving. However, understanding what information and documentation may become important can help families feel more prepared as the wrongful death claim moves forward.
Important evidence may include police and collision reconstruction reports, scene and vehicle photographs, witness statements, surveillance video, hospital and autopsy records, employment records and tax returns, pension records, funeral invoices, family photographs and messages, school records for dependent children, and expert accounting evidence.
There are strict deadlines for wrongful death claims in Ontario. In many cases, the general limitation period is two years from the date of death. However, different deadlines may apply depending on the circumstances of the case, the parties involved, and whether a municipality or other public authority may be responsible. Families should seek legal advice as soon as possible, as important evidence can be lost over time and delays may affect their ability to pursue a wrongful death claim.
Claims Involving the Loss of a Child, Parent, or Spouse
Families should not be expected to gather everything on their own, especially while grieving. However, knowing what information and documentation may be important can help make the legal process easier to understand.
When a Child Is Lost
A fatal accident involving a child is an unimaginable loss for any family. Parents may be entitled to pursue compensation for loss of guidance, care, and companionship, funeral expenses, and other losses recognized under Ontario law. These cases require exceptional sensitivity and compassion. Oatley Vigmond understands that a child’s life is far more than an insurance claim and works to ensure their story is presented with dignity, care, and respect throughout the legal process.
When a Parent or Spouse Is Lost
A surviving spouse may experience the loss of companionship, income, household support, shared parenting responsibilities, and future financial security. Children may lose financial support, guidance, transportation, and the presence of a parent throughout important stages of their lives. Determining the long-term financial impact of these losses often requires detailed dependency loss calculations. Oatley Vigmond works with financial experts to assess the income, services, and support the deceased would likely have provided and the financial losses the family may experience over time.
Lawyers and Accident Benefits Specialists Serving Toronto, the GTA, and All of Ontario
Oatley Vigmond’s team includes experienced personal injury lawyers who represent families following fatal accidents across Ontario. We understand that a wrongful death claim involves much more than financial compensation. Families are often navigating grief while facing unexpected expenses, changes in household income, lost support, and difficult questions about what happened and who may be responsible.
From the earliest stages of a wrongful death claim, our lawyers work to investigate the circumstances surrounding the death, preserve important evidence, identify potentially responsible parties, communicate with insurers, and assess the financial and personal losses experienced by surviving family members. Where appropriate, we also work with financial, medical, and other experts to help establish the full impact of the loss.
We represent families throughout Ontario, including Toronto, North York, Barrie, Hamilton, Brampton, Mississauga, Vaughan, Markham, Richmond Hill, Oakville, Burlington, Sudbury, North Bay, Ottawa, Sault Ste. Marie, and many other communities.
With offices in Barrie and North York, and consultation offices in Toronto, Hamilton, Sudbury, and North Bay, our team is available to meet families in a way that is appropriate and convenient for their circumstances.
Distance should never prevent a family from accessing experienced legal representation after the wrongful death of a loved one. Oatley Vigmond is committed to helping families understand their legal rights, navigate the claims process, and pursue the compensation available to them under Ontario law.
You Do Not Need Money to Hire Us
The cost of pursuing a wrongful death claim should not add to the financial pressure a family is already facing. Oatley Vigmond offers free consultations and works on a contingency fee basis, meaning there are no upfront legal fees.
After the unexpected death of a loved one, families may face significant financial uncertainty. Funeral and burial expenses, the loss of household income, time away from work, and changes to childcare or household responsibilities can create additional stress during an already difficult time. Worrying about how to afford a wrongful death lawyer should not be another burden.
Oatley Vigmond handles wrongful death claims on a contingency fee basis. This means families do not pay legal fees upfront or as the case progresses. Our legal fee is based on a percentage of the compensation recovered and is payable at the conclusion of a successful claim. If no compensation is recovered, you do not owe us a legal fee.
This arrangement allows families to access experienced wrongful death lawyers regardless of their current financial circumstances. It also allows our team to begin investigating the fatal accident, preserving evidence, dealing with insurers, and assessing the family’s losses without requiring legal fees upfront.
Your first consultation with Oatley Vigmond is also free. There is no obligation and no cost to speak with our team about the circumstances of your loved one’s death, your family’s legal rights, and whether you may have a wrongful death claim in Ontario.
We are available 24 hours a day, 7 days a week to speak with families who need help after the loss of a loved one.
💡 Learn more: Are There Upfront Fees for a Personal Injury Lawyer?
— QUESTIONS & ANSWERS
Frequently Asked Questions About Wrongful Death Claims in Ontario
Our lawyers combine decades of experience with the sensitivity these cases require, helping families understand their rights during an incredibly difficult time.
A wrongful death claim is a civil claim that may be brought when someone dies because of another person or organization's negligence, carelessness, or wrongful conduct. In Ontario, these claims usually involve surviving family members under the Family Law Act and, in some cases, the deceased person's estate under the Trustee Act.
The claim may seek compensation for funeral expenses, loss of income support, loss of services, loss of guidance, care, and companionship, and other losses caused by the death.
Under Ontario's Family Law Act, eligible family members may include a spouse, children, grandchildren, parents, grandparents, brothers, and sisters of the deceased.
In some cases, the estate trustee or personal representative may also bring a separate estate claim. Oatley Vigmond can help determine who should be included in the claim.
No. A Family Law Act claim belongs to eligible surviving family members. It addresses their losses arising from the death.
An estate claim belongs to the deceased person's estate. It may address losses suffered by the deceased before death, such as pain and suffering, income loss before death, medical expenses, or other losses depending on the facts. Many wrongful death cases involve both types of claims.
Compensation may include funeral expenses, burial expenses, loss of financial support, loss of household services, loss of childcare, travel expenses, out of pocket expenses, loss of guidance, care, and companionship, and estate related losses.
The value of the claim depends on the deceased person's role in the family, income, age, health, dependants, relationships, and the evidence available.
Loss of guidance, care, and companionship is compensation for the loss of the relationship family members reasonably expected to continue receiving from the deceased.
It may reflect the loss of love, advice, parenting, emotional support, family leadership, practical help, shared routines, and companionship. These claims require evidence about the real relationship between the deceased and each family member.
A dependency loss claim seeks compensation for the financial support and services the deceased would likely have provided to surviving family members.
This may include lost income support, childcare, home maintenance, household services, transportation, financial management, and other contributions. These claims often require expert accounting evidence.
Yes. Children may have claims for loss of financial support, loss of services, and loss of guidance, care, and companionship after the death of a parent.
These claims must consider the child's age, dependency, education, family circumstances, and the role the parent would have played in the child's life.
Yes. Parents may be eligible to claim compensation for loss of guidance, care, and companionship, funeral expenses, and other losses recognized under Ontario law.
These claims require careful evidence about the relationship and the impact of the loss on the family.
Yes. Brothers and sisters are included among the family members who may bring a claim under Ontario's Family Law Act.
The strength and value of the claim depends on the relationship, the evidence, and the impact of the death.
In many cases, the general limitation period is two years from the date of death. However, limitation periods can be complicated, and shorter notice periods may apply in some cases.
Families should get legal advice as soon as possible because evidence can disappear, deadlines can be missed, and insurers may begin investigating immediately.
Take care of your immediate family needs first. Then, as soon as possible, try to preserve evidence. Keep police information, insurance documents, medical records, funeral receipts, photographs, witness names, employment records, tax documents, and any correspondence from insurers.
Do not provide a recorded statement or accept any settlement before speaking with a lawyer.
Families in the earliest days after a fatal accident may also find Oatley Vigmond's guide to the first 7 days after a catastrophic injury or sudden loss helpful.
Important evidence may include police reports, medical records, autopsy or coroner records, witness statements, photographs, surveillance video, employment records, income tax returns, pension records, funeral receipts, household expense records, family photographs, and expert reports.
The evidence must prove both who was responsible and what losses the family suffered.
If the death happened in a motor vehicle accident, the family may have both an accident benefits claim and a wrongful death lawsuit. Accident benefits may provide death and funeral benefits depending on the policy and circumstances. A lawsuit may seek compensation from the at fault driver or another negligent party.
Oatley Vigmond handles both streams together so the family's rights are protected. Families can also review Oatley Vigmond's guide to Ontario accident benefits for more information about available benefits after a serious motor vehicle accident.
If a medical error caused or contributed to the death, the family may have a medical malpractice wrongful death claim. These cases may involve delayed diagnosis, surgical errors, medication errors, failure to monitor, birth trauma, infection, or failure to respond to serious symptoms.
Medical malpractice claims are complex and require expert review. Oatley Vigmond can assess whether a claim may be available.
More than one party may be legally responsible. A fatal accident may involve a driver, employer of a commercial driver, vehicle owner, municipality, property owner, maintenance contractor, product manufacturer, medical provider, or other party depending on the facts.
Identifying all responsible parties is important because it may affect liability, insurance coverage, and compensation.
There is no standard amount. The value depends on the deceased person's income, age, health, dependants, household contributions, family relationships, future earning potential, available insurance, and the strength of the evidence.
A wrongful death claim may include financial losses, dependency losses, funeral expenses, estate losses, and loss of guidance, care, and companionship.
The timeline depends on the complexity of the case, the number of defendants, the insurance coverage, the evidence, the financial losses, and whether the claim settles or proceeds toward trial.
Some claims resolve through negotiation or mediation. More complex claims involving disputed liability, major dependency losses, or multiple defendants may take longer.
Many wrongful death claims settle before trial. However, settlement is not always the right outcome if the insurer refuses to offer fair compensation.
Oatley Vigmond prepares cases carefully from the beginning so that the family is in the strongest possible position for negotiation, mediation, or trial if necessary.
Wrongful death claims are complex and emotionally difficult. A lawyer can help identify who can claim, preserve evidence, investigate liability, deal with insurers, calculate dependency losses, coordinate estate issues, pursue accident benefits, and seek compensation for the family's full loss.
Having legal support allows your family to focus on grieving and healing while the legal work is handled with care.
Families who are still in the earliest stages of grief may also find Oatley Vigmond's guide to support for bereaved families helpful.
Speak with a Wrongful Death Lawyer Today
If you have lost a loved one because of someone else’s negligence, Oatley Vigmond can help. Our wrongful death lawyers represent families across Ontario following fatal motor vehicle collisions, pedestrian and cycling accidents, unsafe property incidents, defective products, and other preventable accidents.
We can help you understand your legal rights, determine who may be responsible, and pursue compensation for the financial and personal losses your family has experienced.
Consultations are free, and you pay no legal fees unless we recover compensation for you.
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