A family member died in a car accident. Can I sue?

If a member of your family died in a car accident in Toronto, it is possible that you may be able to sue. As with any car accident case, it is best to secure a lawyer as soon as possible. In order to sue, you will need to prove that the death was a direct result of fault or negligence. Your lawyer will help you gather the evidence to prove that your family member’s death was the result of someone’s negligence or misconduct. If the death was caused by someone’s actions or neglect for safety, you may have a case. This is called a wrongful death claim.

Question: Who is entitled to sue?

In most wrongful death claims, the person seeking legal action must be a spouse, child, grandchild, or sibling of the deceased. Only immediate family members can sue for losses due to death in Ontario. Wrongful death claims fall under the Family Law Act.

Question: What benefits can I expect from the suit?

If you do sue the person responsible for the death of your family member, you may be eligible for a number of benefits. These benefits include the recompense for any expenses directly resulting from their death, all medical bills accrued between the time of the accident and their passing, funeral expenses, and a projected amount that that person may have contributed to the family over the course of the rest of their life. This includes not only lost wages and potential inheritances, but also emotional support such as companionship, guidance, and care. While putting monetary values on these types of things is difficult, there are formula precedents that are used for determining what that might be worth to your family.

The Family Law Act (FLA) has certain deductibles associated with its claims, but claims exceeding $50,000 are not subject to any deductibles. This means that if your family member’s wrongful death suit is awarded more than $50,000, you are not responsible to pay any deductibles.

Question: What will my lawyer be able to do for me during this hard time?

You should not have to go through such a traumatic and devastating time alone. Hiring a lawyer will alleviate some of the stress associated with handling the situation, as there is so much that needs to be done. Your lawyer will help you to determine if you have a case, and whom you can sue. They will also file all of the necessary paperwork, and guide you through the whole legal process as it pertains to your situation. Your lawyer will also help you deal with insurance matters, financial issues, and the deceased’s will. The lawyers at Clarke Law will help you by supporting you through this process. They are committed to helping you get the help you need. They realize how hard this time can be, and will do everything they can to help you through the legal process, which can be scary and confusing, even without the added stress of the loss of a family member.


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