Toronto Wrongful Death Lawyer
There is nothing worse than losing a loved one, and this is particularly true when a loved one is taken too soon. If your loved one has recently lost their life due to another party's negligence, our experienced Toronto wrongful death lawyer is here to help. While it may be difficult, the time to act is now. Contact Merricks Law Group to schedule your initial consultation with our firm and to learn more about how we can help guide you through every step of the process ahead.
Toronto Wrongful Death Lawyer | Fighting for You & Your Family
The thought of losing a loved one is unbearable, especially as a result of negligence. Unfortunately, this is something that happens in our society far more often than any of us would like to think. If you recently lost a loved one due to another party's negligence, our Toronto personal injury lawyers are here to assist your family in your time of need and bring the liable party to justice so you can focus on what matters most. Our team has handled these claims in the past, and we have the compassion and experience needed to effectively handle your case as well.
Get Started Now
Who Is Entitled to Compensation After a Wrongful Death in Ontario?
In Ontario, wrongful death claims aren't handled under one single law. Instead, they fall under two separate pieces of legislation working together: the Family Law Act, which allows surviving family members to bring their own claim for the losses they've suffered, and the Trustee Act, which allows a separate claim on behalf of the deceased's estate.
Under the Family Law Act, a wrongful death claim may generally be brought on behalf of:
The surviving spouse, including a common-law spouse in many circumstances
Children of the deceased
Parents of the deceased
Grandparents and grandchildren of the deceased
Siblings of the deceased, generally where there was financial or emotional dependency
How These Claims Are Filed
In Ontario, these are actually two distinct types of claims that are often pursued together. Family members bring their own personal claim under the Family Law Act for the losses they've suffered, while a separate claim is brought on behalf of the deceased's estate under the Trustee Act, generally by the estate trustee named in the deceased's will (or appointed by the court if there is no will). Because these claims involve different legal frameworks and eligibility rules, it is important to consult with an experienced Toronto wrongful death lawyer to understand your rights and options.
What Damages Are Recoverable in a Wrongful Death Claim in Ontario?
As long as we can prove that your loved one lost their life as a result of another party's negligence, we should recover compensation for a variety of losses. They are as follows:
- Compensation for medical treatment your loved one received in an attempt to treat their injury
- The cost of funeral expenses
- Compensation for the loss of care, guidance, and companionship provided by a spouse, parent, or family member
- Loss of financial dependency, covering the income and support your loved one would have provided
- Lost income brought about by your loved one’s untimely death
Damages recoverable on behalf of the estate itself under the Trustee Act, such as loss of income and expenses incurred by the deceased prior to death
Limitation Period for Wrongful Death Claims in Ontario
Every province has a limitation period in place when it comes to personal injury and wrongful death claims. In Ontario, the limitation period for wrongful death claims is generally two years from the date of death itself, rather than from the date the family discovers the full extent of what happened. This is an important distinction and a strict deadline, which means you must not wait any longer than two years from the date of death to file your claim.
Contact Our Toronto Wrongful Death Lawyer
We know that the compensation recovered in a wrongful death lawsuit can never replace the void left behind by a lost loved one, however, the compensation can help you recover financially and, at times, emotionally, knowing that the negligent party has been brought to justice for their actions. If you recently lost a loved one as the result of another party's negligence, please do not hesitate to contact an experienced Toronto wrongful death lawyer at Merricks Law Group today.
What Our Clients Have To Say
