Nothing can be more distressing than the loss of a loved one. If this was a child, the amount of grief, trauma, shock and suffering can be overwhelming not just to the parents, but in most cases to the whole family, friends, neighbors, class-mates, teachers etc. When death occurs as a result of an accident caused by someone else’s fault or negligence, emotions like anger, hurt and confusion are present too.

The loss of a child can never be gaged in monetary terms.  Nevertheless, the bereaved have a right to seek compensation from those responsible for the accident. Since our legal system has no other remedy for this situation, monetary compensation is awarded through a personal injury claim made with the assistance of an experienced personal injury lawyer who has dealt with similar cases before.

Damages Awarded In Case of Death

Consultation with top rated accident lawyers would inform you that under Ontario’s Family Law Act, RSO 1990, c F.3, Sec 61, spouses (including common-law spouses), parents, grandparents, children, grandchildren, brothers and sisters of the deceased person are eligible to receive compensation. They need not have been dependent on the deceased.

The estate of the deceased has no rights to claim compensation in Canada. However, top Toronto personal injury lawyers can advise you that you can make a claim for losses prior to the person’s death, especially for the pain and suffering that occurred between the time of hospitalization and death.

What Kind Of Damages Can Be Sought?

The best personal injury litigation lawyers in Ontario, Canada can evaluate the circumstances of your case and advise you about the kind of damages that you can claim. Based on each individual case, personal injury lawyers Toronto can include:

• Loss of care, guidance and companionship that the deceased would have provided
• Loss of financial contribution
• Loss of help, aid, assistance, chores, house-hold services
• Funeral, burial, cremation expenses
• Out-of-pocket expenses incurred while the deceased was still alive preceding death – hospitalization, medical treatment, travel expenses for family-members, nursing, house-keeping etc
• Loss of income

Important Cases

Claims and settlements are generally awarded according to precedent and previous rulings in similar cases. Two important Canadian cases are considered seminal in the case of child death. The first was the 2001 To vs Toronto Board of Education case in which a jury awarded the highest value for a claim of loss of care, guidance and companionship and the decision was upheld in the Court of Appeals. The other was the 2010 Fiddler vs Chiavetti case in which the jury doubled the To award, but it was reduced on appeal.

When a spouse/parent dies due to someone’s fault or negligence,  each separate family member is entitled to receive compensation based on the validity of their claim. Important rulings in Ontario include Isildar v Rideau Diving Supply (2008).

Similarly, other landmark judgments serve to act as guidelines for future cases.

Top-rated accident lawyers can ensure that bereaved persons are treated with compassion and respect, while their claims are in process.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)