When a family member dies due to negligence by another, the family may choose to consult with an Oakville injury lawyer to see if they are entitled to a wrongful death claim against the at-fault party.
When a family member dies as the result of an accident, there is often financial hardship that accompanies the emotional pain. Any case in which a fatality is the result of careless, reckless, or negligent behavior by another can result in a wrongful death claim. These cases often involve motor vehicle accidents, on the job accidents, and medical malpractice.
Wrongful death falls within the Family Law Act in Ontario. This act designates that only certain family members have the right to bring about a wrongful death claim. These family members are:
● The spouse
● The children
The party against whom the claim is made would be that person whom compensation could be recovered had the deceased lived. In this way, a wrongful death is similar in landscape to a personal injury recovery on behalf of the surviving family members. These family members may be entitled to recover damages Both individuals and corporations can be held liable in wrongful death claims.
Family members who are eligible to sue on behalf of the deceased may do so for a number of reasons. Family members may be entitled to compensation for things such as:
● Actual expenses incurred by the deceased such as medical care
● Funeral costs
● Nursing, housekeeping, or any other services provided to the victim prior to death
● Travel expenses incurred by family to visit the victim
Certain family members can also claim wrongful death for such things as loss of care, guidance, and companionship.
In most cases, the majority of claims are paid out to the spouse with the rest being distributed to children and other family members.
Wrongful death claims can be complex. It is difficult to put monetary values on very emotional things. In fact, emotional distress cannot be recoverable in a wrongful death claim unless it can be quantifiable such as therapy to deal with the distress. And even computing damages on the purely financial aspects can be difficult. Spouses and children will all be calculated differently depending on the amount of time it is anticipated they would have been dependent on the deceased.
Cultural aspects also come into play in wrongful death cases where the cultural expectancy is for a child to look after elderly parents.
In some cases, the family may be entitled to AD&D benefits. Also known as accidental death and disfigurement, these benefits offer a certain amount of compensation depending on the accident and the benefits package.
If you have suffered the death of a loved one due to negligence, you should get the legal advice of an injury lawyer in Oakville. The legal professionals at AG Injury Law Office would be glad to answer any questions you may have. Call us for a no-obligation consultation to see if you are eligible for compensation.