Orillia Wrongful Death Lawyer

A loved one’s death is devastating no matter the circumstances, but fatal accidents caused by another person’s negligence can be especially difficult to handle. Fortunately, you may be able to file suit against the negligent individual and seek compensation for various damages under the Ontario Family Law Act.

A seasoned Orillia wrongful death lawyer could provide compassionate advice and counsel throughout the entire litigation process. In addition to collecting evidence of fault and establishing your recoverable losses, a dedicated personal injury lawyer could also negotiate on your behalf with insurance companies and opposing legal counsel, thereby minimizing stress and maximizing your potential recovery.

Grounds for Filing Suit in Orillia under the Family Law Act

Under the Family Law Act, only close family members of a deceased individual (i.e. their surviving spouse, children or grandchildren, parents or grandparents, or siblings) may file suit on the decedent’s behalf. Any of these parties may seek compensation following a loved one’s unexpected death if they can prove that all the following conditions apply in their case:

  • The decedent’s passing was the direct result of another person’s intentional or neglectful actions
  • The decedent could have filed suit for negligence against the defendant if they had survived their accident
  • The party or parties filing suit on behalf of their deceased family member suffered compensable damages as a direct result of the decedent’s death

An experienced lawyer in our area could provide crucial assistance in gathering evidence and preparing a wrongful death case that satisfies these criteria.

Recoverable Damages and Potential Limitations

All wrongful death claims in Orillia allow the filing plaintiff(s) to seek recovery for economic and non-economic damages sustained as a result of a loved one’s untimely passing. These may include not only short-term losses like funeral costs, travel expenses, and bills for medical care provided to their family member before their death, but also long-term damages such as the loss of in-home services the decedent provided, as well as loss of companionship, comfort, and guidance.

Additionally, if a wrongful death occurs as a result of an auto accident, surviving family members may also have grounds to pursue additional damages through the Statutory Accident Benefits Schedule (SABS). Depending on what the insurance coverage the decedent had prior to their passing, recoverable damages in a successful SABS claim may include a spouse’s benefit of up to $50,000, a funeral benefit of up to $8,000, and benefits of up to $20,000 for each eligible dependent.

Importantly, the deductible that typically limits recovery for non-economic damages through SABS does not apply in cases involving wrongful death. A qualified lawyer in Orillia could clarify in further detail what compensation may be available in your wrongful death case.

Get in Touch with an Orillia Wrongful Death Lawyer Today

Understandably, taking legal action against the party or parties responsible for your family member’s unexpected passing may not be at the forefront of your mind in the aftermath of such a tragedy. In many cases, though, it is the best option for preserving your family’s financial security in the future.

A confidential consultation with an Orillia wrongful death lawyer could provide answers to any questions you have about what to expect from this legal process and how to best pursue a Family Law Act claim. Call Rastin Law today to schedule your initial meeting.

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