The Family Law Act And Wrongful Death Claims

Recent Ontario Provincial Police statistics have revealed that 1 out of every 5 collisions on Provincial highways involve at least one commercial truck. When someone dies from fatal injuries sustained in an accident involving one of these large vehicles, the victim’s family may be entitled to damages in a wrongful death claim, according to a Personal Injury Lawyer in Kingston.

Wrongful Death Claims in Ontario Province

When a family dies from the injuries they’ve sustained in an accident that was caused by another person’s careless or negligent behavior, they may be entitled to damages in a wrongful death claim under Ontario’s Family Law Act. According to this law, when the death of an individual is attributed to someone else’s negligence, surviving family members can sue for compensation. “Surviving family members” include:

• spouse
• children
• parents
• grandparents
• grandchildren
• brothers and sisters

Furthermore, the law specifies the following damages as being recoverable by the decedent’s survivors in the event they file and win a wrongful death claim:

• burial and funeral expenses paid by a surviving family member
• compensation for any relative that provided attendant or nursing care, housekeeping duties, or other services from the time of the accident until the victim died
• damages related to care and/or guidance of the victim and the loss of companionship
• expenses incurred by a surviving family member on the victim’s behalf such as medical care and treatment expenses as well as their other needs
• travel expenses other family members incurred when traveling to see the victim (applies if the victim lives following the accident but eventually dies from their injuries)

Unlike other personal injury claims, “emotional distress” is not recognized as part of a damage award in a wrongful death claim. However, as each case is different, it is important to talk with a personal injury lawyer and allow them to judge the merits of the case. This will help you get an idea about the amount of compensation that you as next of kin is entitled to. It will help cover a host of expenses.

Who can You sue for Compensation?

In addition to the driver of the commercial vehicle, the company that employs them could also be considered a responsible party (defendant) in a wrongful death case. Commercial truck and motor vehicle collisions are often caused by the driver’s actions or behavior such as driving under the influence, driving when drowsy, speeding, texting while driving, etc. All of these lead to lack of awareness of the surroundings and the risk of danger posed on the road.

For additional information regarding wrongful death claims in Ontario Province, you should contact a personal injury lawyer that specializes in these types of cases.