Can I sue when my loved one dies as a result of another’s actions?
This article was originally published by The Hamilton Spectator.
Q: My loved one died as a result of another person’s negligent actions. Can I sue?
A: The death of a family member can be a traumatic and devastating experience. It can also result in emotional damages, financial loss and expenses that you can recover in a wrongful death lawsuit under the Ontario Family Law Act.
Accidents that can result in a wrongful death claim include car accidents, bicycle accidents, medical malpractice, workplace accidents and slip and falls. If you are a relative of the deceased (spouse, child, parent, sibling or grandparent), you can claim damages for a loss of care, guidance and companionship. If your loved one was the provider in your family, you may also be able to claim the lost earnings that they would have brought into the home during their lifetime. There may also be increased expenses for home maintenance and repairs. You can also sue for any funeral, burial and associated out of pocket expenses. If the actions of the negligent person were particularly egregious, you might also be able to pursue punitive damages which are intended to condemn a person’s behaviour and deter similar behaviour in the future.
Determining what you can sue for and starting a lawsuit is a complicated process which must be done within two years. An experienced wrongful death lawyer can gather the evidence and build a strong case for you to obtain the financial compensation that you are deserve.
NOT LEGAL ADVICE: Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Ross & McBride professionals will be pleased to discuss resolutions to specific legal concerns you may have.
