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When Can You File A Wrongful Death Lawsuit in Ontario?

If a person is fatally injured as a result of the negligent actions or misconduct of another person, whether intentional or unintentional, it’s considered a wrongful death.


The sudden loss of a loved one due to negligence can be extremely difficult to bear and cause unimaginable grief. In some cases, however, family members can seek justice by filing a wrongful death lawsuit.

filing a wrongful death lawsuit in ontario - couple sitting on couch discussing details with a lawyer

WHO CAN CLAIM DAMAGES IN A WRONGFUL DEATH LAWSUIT?


In Ontario, the Family Law Act states that the deceased person’s surviving immediate family members are entitled to collect damages in a case of wrongful death. This includes the individual’s spouse, children, grandchildren, parents, grandparents, brothers and sisters. As per Ontario’s statute of limitations, wrongful death claims must be made within two years from the date of the death.

WHAT TYPES OF LOSSES CAN YOU SUE FOR?


If you’ve lost a family member due to wrongful death, you may be able to sue for economic, financial and non-economic losses such as:

  • Funeral and burial expenses

  • Medication and hospital bills

  • Loss of income

  • Caregiver services

  • Grief counselling

  • Loss of guidance, care and companionship

If your loved one has unjustly lost their life, no amount of money can make up for that fact. However, a grieving family shouldn’t have to cover expenses after a wrongful death.

THE BENEFITS OF PROFESSIONAL REPRESENTATION


If you’ve lost a family member due to negligence and want to make a wrongful death claim, you’ll need to hire an experienced lawyer to represent you. Personal injury lawyers who specialize in these lawsuits understand the legal ins and outs of such cases. They can assess the validity of your claim and help you win the compensation you deserve.

Filing a wrongful death lawsuit claim can be emotionally draining. Having the right lawyer by your side, however, can lighten the burden and help make the process easier.

CONTACT A PERSONAL INJURY LAWYER IN NORTHERN ONTARIO


If you’ve lost a family member due to wrongful death, contact the lawyers at Feifel Gualazzi. We’re one of the largest personal injury law firms in Northern Ontario and have represented numerous clients and families in wrongful death, spinal injury, brain injury and amputation cases from our offices in Sault Ste. Marie. Unlike out-of-town firms, we’re part of your community and leverage local resources that are accessible to our clients. Our dedicated team is committed to getting you the compensation you deserve. Contact us today for a free consultation.

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