Now, the loss of a loved one is a dramatic event that is incredibly traumatic. However, it’s some conciliation that the Family Law Act of Ontario sets forth the rules and regulatory provisions regarding those who are entitled to file a claim in situations of the kind. The court is going to assess and award damages to the claimant if the deceased would have been entitled to those particular damages had he survived his own injuries.
According to the law of Ontario, the surviving spouse as well as other members of the family are capable of collecting damages. These other family members include parents, grandchildren, children, siblings and grandparents. This is the executive list and other people are not entitled to the right to file a claim unless expressly authorized to do so. Now that it’s clear who can file a lawsuit of the kind, it’s also important to understand what kind of damages you should expect to pay. With this in mind, let’s take a look about how a lawyer can be of assistance.
Determining the actual amount of the damages
A wrongful death case could potentially be brought against a party which is negligent in order to recover the damages as it follows:
· Loss of income or shared income of the family
· Actual expenses for the funeral
· Loss of household services which could have been potentially provided throughout the entire marriage
· Loss of guidance to the dependents and loss of companionship to the surviving spouse.
In any case, there are also a few things that you might want to take into account. Certain damages are, unfortunately, impossible to get claimed. For instance, you wouldn’t be able to file for damages which are for pain and suffering as this would be highly unethical. This is something that you might want to take into account because a lot of people fail to do so. Pain and suffering are special type of personal damages which could only be claimed personally. This is due to the fact that a third party is incapable of experiencing the pain and the suffering which one may experience.
There are many aspects to consider when filing damages for wrongful death. Loss of consortium and companionship is one of the main considerations. As you can see, there are quite a lot of specifications that you would need to take into account. It’s important to note that the behavior which caused the wrongful death should have been negligent and properly determined by the law. If it’s not negligent but it’s intentional, then we are going into the criminal code procedure and the case gets far more serious. In all situations, relying on a professional personal injury lawyer at your side is something particularly helpful and highly beneficial and you should certainly consider it. They have handled a lot of cases dealing with wrongful death and will be able to advice you accordingly.