It is impossible to make up for the sudden loss of a loved one. It can be especially difficult for a family to recover from a loved one’s untimely death when it is caused by another party’s negligence. However, an unexpected passing can cause more than just grief and sorrow, as they can also leave surviving family members with great financial burdens. Additionally, family members also incur additional expenses, such as funeral and burial costs.
When this happens, loved ones of the decedent may be entitled to compensation. A compassionate personal injury lawyer could file a tort claim against the negligent individual on your behalf or help you seek insurance benefits. A Midland wrongful death lawyer could review the facts of your case and advise you on which course of action is most appropriate.
Proving Wrongful Death Claims
Plaintiffs in Midland wrongful death claims must prove several crucial elements in order to recover their tangible losses. To be successful in a Family Law Act claim, surviving family members must show:
- They are related to the deceased – Ontario’s Family Law Act requires the person filing the lawsuit to be a spouse, child, grandchild, parent, grandparent, or sibling of the decedent
- The decedent was killed by the negligent act of another person
- The circumstances surrounding the death would have allowed the deceased to file a lawsuit if they had survived the accident
- The plaintiff sustained their own losses as a result of their loved one’s death
A lawyer from our firm could help grieving family members file a strong claim for compensation to offset the damages they have incurred as a result of their loved one’s untimely passing. This includes claims for the loss of care, guidance, and companionship of their loved one.
Recoverable Damages in Family Law Act Claims
A Family Law Act claim can help a mourning family secure compensation after the death of the decedent. Recoverable damages in a wrongful death claim include:
- Any medical costs the deceased incurred from the accident before their passing
- Lost income that the decedent contributed to the household
- Loss of care, companionship, and guidance
- Funeral and burial expenses
Statutory Accident Benefits (SABS)
If the death was the result of a car crash, family members can also claim benefits under Ontario’s Statutory Accident Benefits Schedule (SABS). These benefits include:
- Spousal benefits: The minimum amount of coverage offered is $25,000, although the spouse of the deceased may receive up to $50,000 if they purchased optional coverage.
- Dependants’ benefits: Anyone that was dependant on the deceased, such as a child or parent, may receive a minimum of $10,000. This is also increased to $20,000 if optional coverage was purchased. Also, if there was no spouse, the spousal benefit is divided equally among the dependants.
- Funeral benefits: $6,000 is available to cover funeral expenses. This is increased to $8,000 under optional coverage.
Like all other car statutory accident benefits (SABS), these are available regardless of who was at fault for the accident – even if that person was the decedent. One of our Midland lawyers could help dependants recover the support they need after the wrongful death of their family member.
Call Our Midland Wrongful Death Lawyers for Help with Your Case
Regardless of whether you need to file a SABS claim, or you want to file a tort claim for the loss of care, guidance, and companionship of a loved one, you should not do it on your own. A Midland wrongful death lawyer could handle all aspects of your case and ensure that you get the compensation you need to move on from this difficult time. Call us today to get started.
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