Wrongful Death

Generally, when one person's negligent act directly results in the death of another person, it is considered a wrongful death. Relatives of the deceased person may seek compensation for their financial and relationship losses which result from a wrongful death of their loved one.

Ontario's Family Law Act provides that the spouse, children, grandchildren, parents, grandparents, brothers and sisters of a person who is killed as a result of another person's negligence, can sue for their out-of-pocket financial losses resulting from that death, such as funeral expenses, reasonable travel expenses and reasonable loss of income for time off work. They can also make a claim for loss of guidance, care and companionship they reasonably would have enjoyed if the person had not been killed. Ontario courts have typically not placed a very high value on such relationship losses. Despite this fact, the possibility of such a claim should not be ignored. If the deceased person was a major contributor to household earnings and supported family members, or provided significant housekeeping services which have to be replaced, these financial losses can be substantial and a major part of such a wrongful death claim. You should contact a personal injury lawyer who can assist you in pursuing your claim.