When serious accidents happen and people are killed, the effects can be devastating on the entire family. Under Ontario’s Family Law Act, family members are entitled to seek compensation under certain categories. Those eligible include spouse, common-law spouse, parents, children, siblings, grandparents and grandchildren. The claimant did not have to be financially dependent on the deceased to claim compensation. However, in Canadian law, the estate of the deceased person does not have a right to make a claim as is possible under American laws.
Family-Members can claim loss of care, guidance and companionship that they would have got from the deceased, loss of financial contribution to the family, cessation of household activities, chores and help, funeral and burial expenses, out-of-pocket expenses, value of expenses for nursing, housekeeping, and other eligible categories.
The claim is subject to statute of limitations guidelines and must be filed within 2 years of the demise. However, under the Family Law Act, there is no compensation available for grief, mental anguish, pain and suffering that follows the death of a beloved family member. Instead, you can apply for non-pecuniary losses mentioned earlier. There are certain guidelines followed by courts while granting such settlements. These include age, mental and physical condition of claimant, whether they lived in the same address, and if not, what was the frequency of visits, degree and intimacy of relationship, joint life expectancy of claimant and deceased and how long the relationship may have continued. An experienced personal injury lawyer can help you get the compensation you rightfully deserve.
