There are few situations more tragic than the sudden loss of a loved one, particularly in an accident caused by someone else’s negligence. However, recovering civil compensation for a wrongful death can be a complicated task, as there are numerous rules for this unique type of personal injury claim.
If you recently lost a loved one in an accident caused by another person, speak with a Sudbury wrongful death lawyer about your legal options. A compassionate trial lawyer on our team could help you collect and present evidence of fault and seek comprehensive recovery for your family’s suffering.
Family Law Act Claims in Sudbury
Part V of the Ontario Family Law Act sets out the basic rules for wrongful death claims in Sudbury. Importantly, the Act designates who is eligible to file suit on behalf of a deceased loved one, including:
Restrictions and Deadlines for Wrongful Death Claims
Many of the same restrictions that could limit recovery in other civil claims also apply in wrongful death cases. For instance, if the decedent was found partially at fault for the accident, the compensation available to family members in a subsequent wrongful death claim may be reduced proportionally.
Additionally, a statutory filing deadline of two years applies to Family Law Act claims. Unlike other personal injury claims, this statutory period begins from the moment the decedent passes away, rather than when the filing party discovered that negligence led to their death. A local lawyer could go into further detail about these and other requirements of Family Law Act litigation.
What Damages Could be Recovered in Wrongful Death Cases?
The purpose of a wrongful death claim is to recover the compensable losses sustained by surviving family members as a direct result of their loved one’s death. Accordingly, the specific damages that could factor into a settlement or court verdict in this type of case are significantly different from those in typical civil claims.
In a Sudbury wrongful death case, a lawyer could help pursue restitution for the following types of damages:
- Loss of financial support from the decedent’s work income, investments, and other means
- Loss of care and companionship, up to $125,000
- Loss of income during bereavement
- Certain expenses related to medical care, funeral services, and burial/cremation for the decedent
- Loss of household services, including assistance with childcare
- Loss of consortium for a spouse
The exact value assigned to each of these damages will vary depending on the specific party filing suit and their relationship with the decedent. A skilled wrongful death lawyer at our Sudbury office could help calculate the full value of a case and pursue sufficient compensation.
Call a Caring Sudbury Wrongful Death Lawyer
If a family member recently lost their life in an accident, civil litigation may seem like an impossible task to focus on as you grieve. However, filing suit against the party responsible for your loss could help you gain a sense of justice and preserve your family’s financial security in the years to come.
If you would like to explore your legal options after a loved one’s fatal accident, a Sudbury wrongful death lawyer could provide guidance and support in a confidential setting. Call today to learn how we could take care of you and your family.