The loss of a loved one as a result of an accident is one of the worst experiences a person can have. Not only is there the sadness and emptiness left by the loss, but there can also be significant expenses and a loss of income associated with the death of the breadwinner of the home. While there is nothing you can do to bring your loved one back, the law in Ontario allows you to seek compensation for wrongful death that occurs in the workplace or as a result of someone else’s negligence.
Wrongful death often comes as a result of some type of negligence, which frequently occurs in:
Nursing homes or other care facilities
Criminal negligence and faulty products are other common causes for wrongful death. When pursuing a wrongful death action, the personal injury lawyer and bereaved will determine whether an individual or organization will be held accountable. For an individual to be liable, the wrongful death lawyer must prove that the accident occurred solely as a direct result of an individual’s actions. Alternatively, corporations, organizations or businesses may be tried and held liable as entities.
Wrongful death can result in two different types of personal injury claims. The first type of claim that may be brought is on behalf of the estate of the deceased. The second type of claim is called a Family Law Act claim and is brought by family members of the deceased.
Those eligible for suing on behalf of the deceased include:
The common-law partner
Part V of the Family Law Act outlines regulations for a dependent’s claim for damages and specifies who is eligible for compensation. Proving wrongful death often requires the same burden of proof as any other personal injury claim. In other words, the wrongful death lawyer must prove that:
1. The defendant owed the victim a duty of care;
2. The defendant failed to provide the duty of care; and
3. The defendant’s failure to provide this duty of care directly resulted in the wrongful death of the victim.
Ultimately, because every case is different, the only way to determine the viability of your wrongful death claim is to contact a personal injury lawyer in Ontario.