Toronto Wrongful Death Lawyer
If you’ve lost a family member in an accident that was caused by someone else’s negligence, you have the legal right to seek justice for your family. Ensure your family’s future wellbeing by working with a wrongful death lawyer in Toronto.The pain and loss caused by a fatal accident that robs you of a loved one is something that simply cannot be compensated. However, while there is no amount of money that can bring the victim back, your family and the deceased both deserve justice. By working with a Toronto wrongful death lawyer from the Mirian Law Firm, you can get that justice. Even if criminal charges are never brought against the at-fault party, you can still hold them accountable by seeking financial damages through a wrongful death claim.
Ontario Limits Who Can File for Wrongful DeathOntario law doesn’t allow just anyone who knew the deceased to file a wrongful death claim. In general, plaintiffs are limited to close family members of the deceased victim:
Ontario Statute of Limitations for Wrongful Death ClaimsWhile the Family Law Act limits who can bring a wrongful death claim, there are other important laws in Ontario that the family members of fatal accident victims need to be aware of. For one, it’s important to be mindful of the wrongful death statute of limitations. In Ontario, family members have just two years in which to bring their claim seeking compensation for their losses. This time limit begins ticking on the date of the decedent’s death. An exception is made for minor family members of the deceased, however. If a relative of the deceased was a minor at the time of the victim’s fatal accident, the time limit does not begin until after he or she turns eighteen. This is intended to allow minor relatives to make informed decisions as adults regarding whether they would like to bring a claim against the at-fault party.
Financial Damages in Wrongful Death ClaimsWhile a wrongful death claim is similar to a personal injury claim, there are differences in the types of damages that can be sought by the plaintiffs. Most significantly, plaintiffs cannot seek compensation for their emotional distress, although they are allowed to seek compensation to pay for financial losses caused by the distress. Family members are also allowed to seek compensation for the future income the deceased would have brought to the household. How much this amount could be will depend on a number of factors, such as the age of the victim (in particular, how much time was left before retirement), how healthy he or she was before the fatal accident, how much money he or she earned annually, and whether any wage or salary raises could have been reasonably expected. A wrongful death lawyer can work with you to calculate exactly how much income your family has lost because of the victim’s unexpected death. This is a difficult process, and we understand that it’s not easy to think about a loved one’s death in these terms. We can also help your family recover compensation for a number of other wrongful death damages:
- Medical and transportation expenses incurred while attempting to save the victim’s life
- Reasonable funeral and burial expenses
- Loss of guidance and mentorship
- Loss of companionship