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Fatal Accident Claims in Algoma: How a Lawyer Can Help Your Family Seek Justice

  • 7 hours ago
  • 3 min read
Selective focus of bouquet on tombstone near man hugging woman.

When a family in the Algoma region, including Sault Ste. Marie and Wawa, suffers a fatal auto accident, it’s a life-altering event. Emotions run high and practical demands build fast. If negligence played a role, families must understand their legal rights and options. At Feifel Gualazzi, our Sault Ste. Marie auto accident claim lawyers help grieving families navigate two crucial legal paths: accident benefits and wrongful death (fatal accident) claims.


Accident Benefits under Ontario’s No-fault Insurance


Ontario’s no-fault insurance system provides immediate financial relief through Statutory Accident Benefits, even if the deceased caused the accident. Here is what’s included:


  • Death benefit: $25,000 lump sum to a spouse, or if no spouse, divided among dependants


  • Dependent benefit: $10,000 to each eligible dependant


  • Funeral expenses: Up to $6,000 reimbursed (with documentation) 


These benefits can offer critical support for families processing funeral costs and initial bills while pursuing longer-term legal claims.


Wrongful Death Claim under the Family Law Act


The Family Law Act enables certain family members, such as spouses (including common-law), children, parents, grandparents, and siblings, to bring wrongful death claims against the party at fault. Recoverable damages typically include:


  • loss of care, guidance, and companionship


  • out-of-pocket expenses (e.g., medical and funeral costs)


  • loss of services (such as childcare or household contributions)


  • loss of financial support, where dependency is established


Damage Awards in Wrongful Death Cases


  • Parent for deceased child: ~$150,000–$170,000


  • Spouse for deceased spouse: ~$80,000–$130,000


  • Child for deceased parent: ~$50,000–$90,000


  • Siblings/grandchildren: ~$20,000–$50,000


No statutory cap exists, so awards depend on jury or judge discretion. Jury verdicts can be significantly higher than those in judge-alone trials.


Case Law Illustration: Moore V. 7595611 Canada Corp.


In Moore v. 7595611 Canada Corp., the Ontario Court addressed fatal accident damages, confirming there’s no legislative cap. The court emphasized that jury awards stand unless they “shock the conscience.” This case illustrates: 


  • awards for emotional loss (care, guidance, companionship) are separate from financial losses


  • courts assess each element independently, weighing relationship closeness, evidence of dependency, and the deceased’s role in family life


That case confirms that families in Sault Ste. Marie and Wawa can seek full recovery, including both emotional and financial compensation, when negligence leads to a loved one’s death.


Steps for Families in Algoma


  1. Notify your insurance: File for death benefits and funeral cost reimbursement quickly.


  1. Consult a wrongful death lawyer: An experienced accident claim lawyer in Sault Ste. Marie or Wawa can assess whether you qualify to sue for wrongful death under the Family Law Act.


  1. Gather evidence: Medical reports, proof of financial dependency, and documentation from funeral and medical bills are essential.


  1. File two claims: 


Why Choose Feifel Gualazzi?


  • Local expertise: As accident claim lawyers in Wawa and Sault Ste. Marie, we are deeply familiar with the courts and regional nuances in this area.


  • Specialized focus: Our focus on accident claims means you benefit from lawyers committed to your compensation and closure.


  • Support every step of the way: We handle all communications with insurers, manage legal filings, and oversee accident investigations so you can focus on healing.


Get Help Now


Loss in a fatal accident isn’t just emotional, it’s also financial. Ontario law ensures families can claim compensation for both the emotional void and practical costs. Our firm provides support grounded in experience.


If your family is coping with the aftermath of a fatal accident in Algoma, contact Feifel Gualazzi today.


Let us help you secure the compensation you deserve, protect your rights, and guide you through every step of the legal process. Our team will handle insurance negotiations, gather evidence, and represent your interests in court if necessary. We’re available to discuss your situation without any obligation. Home, hospital, or office consultations available for your convenience.


Call us now and take the first step toward justice and compensation.



 
 
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