Who Can File a Wrongful Death Suit in Ontario?

Losing a loved one is a heart-wrenching experience, made even more difficult when the death is caused by someone else’s negligence or wrongful act. In Ontario, family members of the deceased may be able to file a wrongful death lawsuit to seek justice and compensation for their loss. However, not everyone is eligible to bring forth such a claim. Understanding who can file a wrongful death suit in Ontario and the legal framework surrounding these cases is crucial for families seeking to hold responsible parties accountable.

In this blog, we’ll outline who is eligible to file a wrongful death claim in Ontario, what the process involves, and the types of compensation available.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action brought forward when someone’s negligence or intentional misconduct results in another person’s death. This type of lawsuit allows surviving family members to seek financial compensation for the losses they’ve suffered due to their loved one’s untimely passing. Wrongful death claims can arise from a variety of situations, including:

• Car Accidents: Negligent or impaired driving resulting in a fatal crash.
• Medical Malpractice: Death caused by a healthcare professional’s failure to provide the appropriate standard of care.
• Workplace Accidents: Fatal incidents due to unsafe working conditions or a lack of proper safety measures.
• Product Liability: Death caused by a defective or dangerous product.
• Criminal Acts: Homicide or fatal injuries caused by assault.

Ontario law outlines specific guidelines for who can bring a wrongful death claim and the types of compensation that may be sought.

Who Is Eligible to File a Wrongful Death Suit in Ontario?

In Ontario, the Family Law Act governs wrongful death claims. According to this law, only certain family members of the deceased have the legal right to file a wrongful death suit. These eligible parties include:

1. Spouse

The surviving spouse of the deceased is eligible to file a wrongful death claim. This includes both legally married spouses and common-law partners. In Ontario, a common-law partner is generally defined as someone who has lived with the deceased in a conjugal relationship for at least three years or who had a child with the deceased and lived together in a relationship of some permanence.

• Example: If a married person dies in a car accident caused by a negligent driver, their surviving spouse can file a wrongful death claim to recover damages for loss of companionship, financial support, and emotional distress.

2. Children

Both biological and adopted children of the deceased have the right to file a wrongful death claim. This includes adult children who may have relied on the deceased for emotional or financial support.

• Minor Children: Special consideration is given to minor children, who may require funds to cover future education expenses and other costs associated with losing a parent.
• Adult Children: Even adult children can seek compensation if they were financially dependent on the deceased or suffered emotional and psychological harm.

3. Parents

The parents of the deceased can also bring a wrongful death claim, especially if they relied on their child for financial or emotional support. This provision applies whether the deceased was a minor or an adult.

• Example: If an adult child dies due to medical malpractice, their parents may be eligible to seek compensation for loss of companionship and the psychological impact of losing their child.

4. Siblings

Brothers and sisters of the deceased can file a wrongful death claim in Ontario, although these claims may be less common. Siblings must demonstrate that they were financially or emotionally dependent on the deceased to pursue compensation.

• Dependency Requirement: The key is proving that the relationship with the deceased sibling had a significant financial or emotional dependency.

5. Grandparents

Grandparents are also eligible to file a wrongful death claim under the Family Law Act, but similar to siblings, they must show a level of financial or emotional dependency on the deceased.

Types of Compensation Available in a Wrongful Death Claim

A wrongful death suit aims to compensate the surviving family members for both economic and non-economic losses. Here’s what you may be able to recover:

1. Economic Damages

These damages compensate for the financial losses associated with the death of a loved one, such as:

• Funeral and Burial Expenses: The cost of laying the deceased to rest, including the funeral, burial, or cremation.
• Loss of Income: The income the deceased would have earned if they had lived, including salary, bonuses, and benefits.
• Medical Expenses: Any medical costs incurred before the loved one’s passing, such as hospital bills or emergency room fees.
• Loss of Household Services: Compensation for services the deceased would have provided, such as childcare, housekeeping, or home maintenance.

2. Non-Economic Damages

These damages address the emotional and psychological impact of losing a loved one. They include:

• Loss of Care, Guidance, and Companionship: Compensation for the emotional pain and loss of companionship experienced by the surviving family members.
• Emotional Distress: The trauma and suffering caused by the untimely death of a loved one.

3. Other Considerations

In some cases, the court may award additional damages, such as punitive damages, to punish the at-fault party for particularly egregious or reckless behavior. However, punitive damages are less common and typically require evidence of extreme misconduct.

The Legal Process of Filing a Wrongful Death Claim in Ontario

The legal process of filing a wrongful death claim can be complex, and it’s generally advisable to consult with an experienced wrongful death lawyer. Here are the key steps involved:

1. Consult with a Wrongful Death Lawyer

A wrongful death lawyer can help you understand your rights, evaluate the merits of your case, and determine the appropriate amount of compensation to seek. They will also explain any legal deadlines you must meet.

2. Gather Evidence

Your legal team will gather evidence to support your claim, which may include:

• Police reports
• Medical records
• Witness statements
• Expert testimony
• Financial documents showing lost income or support

3. File the Claim

Once your wrongful death lawyer has compiled the necessary evidence, they will file the wrongful death claim in court. The claim must outline the damages you are seeking and the legal grounds for holding the defendant responsible.

4. Negotiation and Settlement

Many wrongful death cases are resolved through negotiations between your lawyer and the defendant’s insurance company. Your lawyer will work to achieve a fair settlement that compensates for your losses.

5. Going to Trial

If a fair settlement cannot be reached, your case may proceed to trial. Your lawyer will present your case before a judge or jury, who will then decide the outcome.

Statute of Limitations for Wrongful Death Claims in Ontario

It’s important to note that there is a statute of limitations for filing wrongful death claims in Ontario. Generally, you have two years from the date of the deceased’s death to file a claim. If you miss this deadline, you may lose the right to seek compensation.

Exceptions to the Rule

There are some exceptions to the two-year limitation period, such as cases involving minors or situations where the cause of death was not immediately known. Consulting with a lawyer as soon as possible can help you understand these exceptions and ensure your claim is filed in a timely manner.

Wrongful Death Lawyer 

In Ontario, the Family Law Act outlines who can file a wrongful death suit, with spouses, children, parents, siblings, and even grandparents eligible under certain circumstances. While the legal process can be complicated and emotionally draining, pursuing a wrongful death claim can provide financial relief and a sense of justice for surviving family members.

If you’ve lost a loved one due to someone else’s negligence or misconduct, consulting with a compassionate and experienced wrongful death lawyer is crucial. They can guide you through the legal process, gather evidence to strengthen your case, and fight for the compensation you and your family deserve.