How Much Can You Sue for Wrongful Death?

Motor vehicle accidents can cause catastrophic injuries. In the worst cases, injuries can be fatal. Surviving family members are left to deal with immense grief and unexpected financial strain.

If your loved one has been fatally injured because of the negligent actions or misconduct of another person, whether intentional or unintentional, it’s considered a wrongful death. You may have the right to seek justice by filing a wrongful death lawsuit. No amount of money could ever replace the contribution a loved one made to your life and the lives of your close family members, but you shouldn’t have to be burdened with additional expenses and financial instability.

In today’s article, our Sault Ste. Marie lawyers will discuss compensation in wrongful death lawsuits, including the types of compensation that can be claimed in Ontario and factors that can influence how much your can sue for. For information and advice personalized to your situation, we welcome you to reach out to a Sault Ste. Marie fatality claims lawyer at Feifel Gualazzi for a free consultation.

Ontario Wrongful Death Claims

A wrongful death claim can arise when a person dies as a result of negligent, reckless, or wrongful actions of another person. Any car accident, truck accident, bicycle accident, pedestrian accident, snowmobile accident, ATV accident, or motorcycle accident that causes fatal injuries can form the basis of a wrongful death lawsuit.

Fatal accidents can be caused by the negligence of another driver, such as speeding, running a red light, or impaired driving. In some situations, the fatal accident is caused by a hit and run, a defective vehicle, or a poorly maintained road. Depending on how the accident occurred, the at-fault party may be a person, company, manufacturer, and/or government agency.

Only certain family members of the deceased person can bring a claim against the person who caused their loved one’s death. Section 61 of Ontario’s Family Law Act specifies who can bring a wrongful death lawsuit. A claimant can be a spouse (common-law spouse or legally married spouse), children, grandchildren, parents, grandparents, or brothers and sisters of the deceased person.

It's highly recommended that you contact our Sault Ste. Marie lawyers as soon as possible after the fatal accident to discuss whether you have a claim, who the claim is against, and how long you have to give notice of the claim. The general rule is that a wrongful death claim must be made within two years of the date of death, but there are exceptions (for example if the claim is against a municipality, the limitation period is shorter).

Types of Compensation in Wrongful Death Claims

Ontario’s Family Law Act sets out the types of compensation (“damages”) that can be claimed in a wrongful death lawsuit. Damages include (but are not limited to):

expenses reasonably incurred for the benefit of the person killed (for example, medical expenses related to treatment provided prior to death)
travel expenses incurred in visiting the person during his or her treatment or recovery (for example, travel to visit your loved one in the hospital prior to their death)
funeral expenses (funeral home expenses, casket, urn, burial plot, grave marker, etc.)
where, as a result of the injury, the claimant provides nursing, housekeeping or other services for the person, a reasonable allowance for loss of income or the value of the services
an amount to compensate for the loss of guidance, care and companionship that the claimant expected to receive from the person if the death had not occurred

Regardless of fault for the accident, and regardless of whether you decide to pursue a wrongful death lawsuit after a fatal motor vehicle accident, you are entitled to no-fault benefits from your own insurance company. In Ontario, Statutory Accident Benefits (“SABS”) from your insurance company reimburse you for funeral expenses and provide a lump sum death benefit payment. We welcome you to reach out to our Elliot Lake law firm. We can explain the differences between a no-fault benefits claim and a wrongful death claim and guide you through both processes.

Factors Influencing the Value of a Wrongful Death Claim

Liability and Contributory Negligence

Liability is a significant factor in the value of a wrongful death claim. If the person who was killed is found to be at fault for the accident, the damages in the wrongful death claim will be reduced by the percentage of fault apportioned to them. This is known as contributory negligence. Our Sault Ste. Marie fatality claims lawyers can defend against allegations of contributory negligence.

Pecuniary Damages

Some types of damages are economic or pecuniary, such as medical expenses, lost wages, hospital bills, and funeral costs. Pecuniary damage claims can be straightforward; you prove the claim by providing receipts, pay stubs, and other documents to show the expense or loss was incurred, and the amount is easy to quantify. It’s much more complex to value economic losses such as:

Loss of financial support/loss of dependency (financial contributions such as wages, benefits, and pension income your deceased relative would have provided to your household over their lifetime); and
Loss of household services and/or childcare services (compensation for costs to replace work that would have been done by the deceased person).

There are several different approaches for determining these types of pecuniary losses. The age of the deceased person, the age of the claimant, the age(s) of dependent children, and the life expectancy of the deceased person had they not been fatally injured are all factors that influence how much the claim is worth. Evidence demonstrating expected future earnings and the average number of hours the deceased’s person spent per week on household services will be needed. Expert evidence and economist reports are typically required.

Non-Pecuniary Damages

Other types of damages are non-economic or non-pecuniary. In a wrongful death claim, such damages are to compensate for non-tangible losses such as loss of guidance, care, and companionship that the deceased person would have provided had they not been killed. For example, a child can claim damages for loss of parental care, guidance, and nurturing. A spouse can claim damages for loss of care, guidance, and emotional support.

It’s impossible to quantify these intangible losses in monetary terms, but Ontario courts are regularly called upon to calculate the incalculable. Factors that influence the assessment of non-pecuniary damages include the age and personal circumstances of the claimant and their relationship with the deceased person. Each case must be considered on a case-by-case basis in light of all the evidence.

Recently, the Court of Appeal for Ontario confirmed that there is no cap for this form of non-pecuniary damages (see in Moore v. 7595611 Canada Corp., 2021 ONCA 459). In that case, the Court upheld awards of $250,000 for loss of care, guidance, and companionship to each parent following the death of their daughter in a house fire.

In Blind River? Reach Out to Law Firm in Sault Ste. Marie

Elliot Lake, Wawa, Blind River, Thessalon, Sault Ste. Marie and the surrounding Algoma District are served by the experienced lawyers at Feifel Gualazzi. We’re one of the largest personal injury law firms in Northern Ontario and have represented numerous families in wrongful death cases from our offices in Sault Ste. Marie. Unlike out-of-town firms, we’re part of this community and leverage local resources to support our clients.

Our Sault Ste. Marie fatalities claims lawyers are committed to getting you the compensation you deserve. We’ll help you determine how much you are entitled to claim as compensation for the wrongful death of your loved one and handle your claim from start to finish. Contact us today for a free consultation.