The truth is that when a loved one dies, this is going to have a tremendous emotional and financial toll on the entire family. This is also something which is going to cause tremendous hardship. The laws in Canada are designated to provide ultimate protection in situations of the kind and that’s something to be considered. Even though it’s highly unlikely that the living spouse would want to deal with this, one of the ways to get past the financial burden is to get everything that’s claimable in terms of damages in a wrongful death case. There are, however, quite a few things which need to be taken into account before that. So, let’s have a look.
Facts on wrongful death case
This is a case which derives from a civil action that’s taken by the survivors or the estate of someone who died as a result of the negligence or the actually intentional actions of a third party. This is what the law considers to be a wrongful death case. As you may know, different provinces in Canada regulate certain social conventions in various ways, but when it comes to Ontario, there are a few things that have to be considered. The main question, however, that the majority of people are overly concerned with is regarding the damages which are claimable as a result of the case. This is something rather important. Of course, it’s safe to say that the damages are rather versatile when it comes to it.
Category of damages
The first category is the damages which the person who died had experienced from the moment he initiated the medical treatment. Usually certain accident had brought the person to this situation and he would most likely have been admitted in a medical facility immediately after that. From that moment to the moment of his death, he had made a lot of expenses in order to get better – these are the claimable expenses.
Expenses which are directly associated with the funeral are also claimable – these are the expenses which would cover the entire memorial and the service. While you might think they are inconsiderable, they can easily amount to about $12,000 in certain parts of Ontario.
Furthermore, the relatives of the deceased or next of kin can claim additional damages such as loss of income, loss of companionship, certain income replacement benefits and others of the kind – these are to be determined and assessed by the lawyer. Obviously, using a lawyer is something very beneficial in situations of the kind. This would allow the claimant to recover as much as it’s possible in order to be able to keep on with his life. There are additional expenses which a wrongful death claim covers such as funeral expenses, loss of consortium, and future expenses apart from punitive damages. Trying to claim it all on your own is impossible and that is why it is essential that you hire the services of an expert lawyer.