What is a Wrongful Death Lawsuit?

Your Message Sent Successfully

Charles E. Gluckstein /
5029 Views

What is a Wrongful Death Lawsuit?

There is never a good time to say your final goodbyes to a loved one, but somehow the tragedy worsens when an untimely death is caused by the negligence of a trained healthcare professional.

A wrongful death lawsuit is a cause of action that allows individuals to bring a claim in civil court against individuals and/or organizations whose negligence caused the death of their loved one. This type of claim is available for undue fatalities caused by motor vehicle accidents, medical malpractice, and other professional negligence.

In order to determine whether the facts alleging wrongful death actually rise to a lawsuit, the applicable standard of care must be analyzed together with the actions and omissions of the healthcare professional. If it is found that the health care professional has deviated from the standard of care and thereby caused the wrongful death, there will be a legal basis to commence a lawsuit.

Under the Ontario Family Law Act, close family members and dependents of the deceased have a right to sue for the wrongful death of their loved one.

While the law recognizes spouses, children, grandchildren, parents, grandparents, siblings, and other relatives as close family members, anyone who can establish dependence on the deceased may be eligible to pursue a claim.

Compensation for the claimant(s) varies based on the nature of the relationship between the deceased and the claimant. Claimants may be entitled to the following types of compensation:

Loss of Dependency Income:

While no amount of money can replace a loved one, a sudden death in the family inevitably affects the financial stability of those dependent on the deceased whether it’s in the form of unexpected funeral expenses and/or loss of income.

Loss of Claimant’s Income:

Loss of income sustained by the claimant(s) may be compensated if the court finds that the claimant was unable to work due to the pain and suffering caused by the death.

Loss Of Guidance, Care and Companionship:

This type of compensation is awarded based on the nature of the relationship, age and suffering of the claimant(s).

Other Related Expenses:

The limitation period to make a claim is generally two years after the date of the incident giving rise to the claim, or the date of the discovery of the incident giving rise to the claim.

The particulars of each specific case determine when the limitation period starts to run. In medical malpractice cases, the limitation period is triggered on the date of the death, or the date the negligent act resulting in death was committed. The latter is often seen in medical malpractice cases of misdiagnosis or mistreatment leading to wrongful death.

It is important to note that the limitation period also differs for claims that are minors at the time. Minors are permitted to advance their wrongful death claims when they reach maturity or retain a litigation guardian to act on their behalf.

While the idea of pursuing a lawsuit may be intimidating for those without any prior experience or knowledge in the legal field, your lawyers will support you throughout your journey to justice. This way, you can focus on healing while your trusted team takes care of your recourse.