Understanding Wrongful Death Claims

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Losing a loved one is devastating under any circumstances, but when that loss occurs due to the negligence or carelessness of another person, it can be even more heartbreaking. In personal injury law, an untimely death caused by an accident is known as a “wrongful death” if your family has recently experienced such a loss, contact Neinstein Personal Injury Lawyers today to learn how an experienced wrongful death lawyer can help.

Should I File a Wrongful Death Claim?

 If a member of your family has been killed as a result of someone else’s actions, you have every right to seek compensation for your loss. At Neinstein, we understand the profound grief that accompanies the loss of a family member, and it is our goal to manage the legal process while you focus on recovery.

If you are interested in filing a wrongful death claim, please note that there is a two-year time limit from the date of death for filing all necessary documents. Talk to a wrongful death lawyer today to initiate this process.

Compensation Information

 Under Ontario’s Family Law Act, the following relatives of a deceased person are eligible to receive compensation:

  • Spouses and children
  • Parents and grandparents
  • Brothers and sisters
  • Grandchildren

The plaintiffs in a wrongful death claim may pursue compensation for the following damages:

  • The cost of caring for a deceased person after they are injured and before they pass away
  • Funeral and burial expenses
  • Additional expenses incurred by the plaintiffs as a result of their family member’s death
  • Loss of guidance, care, and companionship
  • Loss of housekeeping services
  • Loss of shared family income

Burden of Proof

 In order for a wrongful death claim to be successful, the plaintiffs must prove the following:

  • That they are related to the deceased in one of the ways listed above
  • That the deceased died as a result of the fault of another party
  • That the death occurred under circumstances that would entitle the deceased to compensation if he or she had survived, and
  • That they suffered damages as a result of the death.

Liability Issues

Partial liability: the family of a deceased person may file a wrongful death claim even when the deceased is partially responsible for his or her death. As in other personal injury claims, liability in wrongful death cases may be split among several parties. If your loved one and another party were jointly responsible for the death, you may still be eligible for financial compensation.

Insurance Benefits: When an insured driver is killed in a motor vehicle accident, his or her family is entitled to certain benefits under Ontario’s Statutory Accident Benefits Schedule. These benefits are available regardless of who is liable for the accident, and may include:

  • A spouse’s benefit of $25,000
  • Dependents’ benefits of $10,000 per dependent. If nobody is eligible to receive the spouse’s benefit, that $25,000 is divided equally among dependents.
  • A funeral benefit of $6,000

Neinstein Personal Injury Lawyers Can Help

If you have lost a loved one due to the negligence of another party, contact Neinstein Personal Injury Lawyers to schedule a free, no-obligation consultation with an experienced wrongful death lawyer. Our team will outline your legal options and provide guidance and advice as you navigate this difficult period in your life.


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Greg Neinstein, B.A. LLB., is the Managing Partner at Neinstein Personal Injury Lawyers LLP. His practice focuses on serious injury and complex insurance claims, including motor vehicle accidents, slip and fall injuries, long-term disability claims and insurance claims. Greg has extensive mediation and trial experience and has a reputation among his colleagues as a skillful negotiator.
Greg Neinstein
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