How Does a Wrongful Death Lawsuit Work

What is a Wrongful Death Lawsuit?

In Canada, wrongful death occurs when a person died due to someones else’e wrongful act or omission, which may involve negligence, medical malpractice, recklessness personal injury, or other intentional acts of wrongdoing.

A wrongful death lawsuit is a legal claim filed against a person or entity legally responsible for the death. This civil action is typically brought by close relatives, as authorized by law, to seek compensation for the harm and financial losses suffered from their loved one’s death.

This article will break down the complexities of wrongful death claims, including who can file a claim, what evidence is required, and the legal steps involved.

Elements of a Wrongful Death Claim

In a wrongful death lawsuit, the party filing the claim is known as the plaintiff. This is typically a close relative of the deceased, such as spouse, children, parents, grandparents, or siblings, as outlined under Ontario’s Family Act.

To successfully establish a wrongful death claim, the plaintiff must prove the following four key elements:

1. Duty of Care

The defendant must have owed a legal duty of care to the deceased person. A duty of care refers to a legal obligation to take reasonable steps to prevent harm to others. For example, in common law, a doctor has a duty of care to provide competent medical treatment, while a driver in motor vehicle accident has a duty to operate their vehicle safely.

2. Breach of Duty

The plaintiff must demonstrate that the defendant breached their duty of care by acting negligently, recklessly, or wrongfully. This means the defendant failed to take reasonable precautions or engaged in actions that directly endangered the now deceased person’s death. Examples of breach of duty include:

• a driver running a red light, leading to a fatal collision.
• a doctor failing to diagnose a life-threatening condition, resulting in death.
• an employer neglecting workplace safety standards, causing a fatal accident.

3. Causation

The plaintiff must prove that the defendant’s negligence or breach of duty caused the deceased person’s death anyway. In other words, if not for the defendant’s actions, the deceased person would not have died. This can often require medical reports, crash investigation, and expert testimony to establish a clear link between the else’s negligence and the fatality.

4. Damages

The plaintiff must show that they have suffered actual damages due to wrongful death action as to the wrongful death damages. These wrongful death damages can be economic or non-economic, including:

• Loss of financial support (lost wages, lost income caused loss of future earnings).
• Funeral and burial expenses.
• Loss of companionship, guidance care and companionship, and emotional support.
• Pain and suffering sustained by surviving family members.

If the plaintiff successfully proves all four elements, they may be entitled to compensation based on the specific circumstances of the case.

Who Can File a Wrongful Death Lawsuit?

In Ontario, a wrongful death claim can be filed by immediate family members who were financially or emotionally dependent on the deceased.

Essentially, any close blood relative who relied on the now deceased person for support, guidance, or financial assistance may be eligible to file a wrongful death lawsuit.

The Wrongful Death Lawsuit Process

Filing a wrongful death lawsuit can be a complex legal process, but understanding the key steps can help families navigate their claims more effectively.

Below is a breakdown of the wrongful death lawsuit process in Ontario:

1. Consultation with Wrongful Death Lawyer

The first step is to consult an experienced wrongful death lawyer who can evaluate your case, explain your legal options, and determine the potential compensation you may be entitled to. At Grillo Law, we offer free consultations to help families understand their rights.

2. Investigation & Gathering Evidence

Your lawyer will conduct a thorough investigation to establish the cause of the wrongful death suit and prove liability. This includes:

• Police reports & accidents records
• Medical reports & autopsy findings
• Eyewitness testimony
• Expert analysis & accident reconstruction
• Financial documentation proving damages

3. Filing a Wrongful Death Claim

In Ontario, wrongful death claims must be filed with the courts within the required time limit of two years from the first wrongful death occurs. Failing to make an underlying claim or meet this deadline may result in losing the right to seek compensation.

Once sufficient evidence is gathered, your lawyer will file a wrongful death lawsuit on behalf of the eligible family members. This legal document outlines:

• The parties involved (plaintiff & defendant)
• The allegations of negligence or wrongdoing
• The damages being claimed

Proper legal representation is crucial in building a strong case and ensuring fair compensation for the loss of a loved one.

4. Negotiations with Insurance Companies

Most wrongful death cases involve both personal injury lawyers and insurance companies, and negotiations often take place before proceeding to trial. Your lawyer will:

• Handle all communication with the insurance company.
• Advocate for a fair settlement that reflects medical costs, funeral funeral and burial expenses,, lost income, and emotional suffering.
• Counter unfair settlement offers and push for maximum compensation.

5. Settlement or Trial

If a fair settlement is reached, the case is resolved without going to court. If the defendant disputes liability or the settlement is insufficient, the case proceeds to trial, where evidence is presented before a judge or jury.

6. Verdict and Compensation Award

If the case goes to trial, the court will determine liability and award damages based on factors such as:

• The deceased’s income and future earning potential
• Medical and funeral expenses
• Loss of companionship, guidance, and emotional support
• Pain and suffering of surviving family members

7. Collecting Compensation

Once a settlement is finalized or a verdict is reached, the awarded compensation is distributed to eligible family members according to the Family Law Act.

Proving Wrongful Death

To establish a wrongful death claim, the plaintiff must prove the following key elements:

• A death occurred.
• The death resulted from a wrongful act of negligence or intentional harm.
• The deceased family member’s death members suffered financial loss.

Strong evidence and legal representation of responsible parties are essential to proving liability and securing fair compensation. Contact Grillo Law today for expert legal guidance.

Damages That Can Be Claimed in Wrongful Death Cases

1. Funeral & Burial Expense
2. Loss of Financial Support: Compensation for the deceased’s financial contributions over their lifetime.
3. Loss of Guidance & Care: Damages for children who have lost parental support and mentorship.
4. Loss of Companionship: Compensation for spouses and dependents for the loss of emotional and relational support.
5. Medical Expenses: Costs incurred for treatment and medical care before the deceased’s passing.
6. Pain & Suffering: Available in cases where the deceased endured significant distress before death.
7. Punitive Damages: Applied in cases where the wrongful death resulted from reckless or intentional actions.

Statute of Limitations for Wrongful Death Claims

The statue of limitations refers to the timeframe within which a wrongful death lawsuit must be filed. If such a claim is not filed within this period, the defendant can request a dismissal, and the court will generally uphold it, regardless of the case’s merits.

In Ontario, the Limitations Act governs personal injury lawsuits and claims under personal injury law, including wrongful death and personal injury lawsuits, and personal injury law. Under this law:

• The standard limitation period is two years from the date of the deceased person’s passing.
• If the claim is against an Ontario Municipality, the time limit may be shorter, requiring immediate legal action.

Since missing the deadline can prevent families from seeking compensation, it is essential to consult an experienced wrongful death lawyer as soon as possible.

Avoiding Common Mistakes in Wrongful Death Lawsuits

Losing a loved one due to a wrongful death suit is an emotionally overwhelming experience. During this difficult time, families must be cautious to avoid common legal mistakes that complicate their ability to secure fair compensation.

Family Disputes and Tensions

The stress of losing a loved one can cause high emotions and disagreements among close family members too. Listen to one another to avoid unnecessary conflicts that can complicate the legal process.

Speaking Publicly About the Case

If your loved one or family member’s death receives media attention, avoid discussing the case publicly. Any statements made, especially to journalists or on social media, could be used against you in court. It is best to let your lawyer handle all communications.

Talking to the Insurance Company

Insurance companies often attempt to minimize payouts by offering quick settlements. Do not speak to the insurance company without legal representation, as they may try to misinterpret your words to reduce or deny your claim.

Accepting a Settlement Offer Too Quickly

While an early settlement offer may seem appealing, it is often much lower than what you are entitled to. Once accepted, you cannot request additional compensation alter. Ensure any settlement adequately covers medical expenses, funeral costs, loss of income, and emotional distress before agreeing.

Waiting Too Long to File a Claim

Waiting too long to take legal action can result in losing the right to compensation. Consulting a lawyer promptly ensures you meet all deadlines.

Attempting to Handle the Case Without a Lawyer

Wrongful and many wrongful death claims involve complex legal procedures, strict deadlines, and negotiations with insurance companies. While online recourses exist, attempting to navigate the legal system without a lawyer increases the risk of errors, delays, and lower compensation.

Settlement Negotiations in Wrongful Death Lawsuits

Settlement negotiations in wrongful death claims aim to show just how a wrongful death lawsuit works and lawyer secure fair compensation for surviving family members. These settlements cover:

• Economic damages – Medical expenses, hospital bills, funeral costs, travel expenses, and lost wages,
• Non-economic damages – Pain, suffering, and loss of companionship.

A strong legal strategy ensures families receive the financial compensation and emotional relief they deserve.

Going to Trial in a Wrongful Death Case

While many wrongful death claims and personal injury claims are settled out of court, some proceed to trail when disputes cannot be resolved through negotiation. A trial may be necessary due to:

• Dispute over Liability: If the defendant denies responsibility over the value of damages, admissibility of evidence, or interpretation of facts, the case may go to trail for a judge or jury to decide.
• Failure to Reach a Settlement: If there is disagreement over the values of damages, admissibility of evidence, or interpretation of facts, the case may go to trial for a judge or jury to decide.
• Strategic Reasons: A plaintiff may opt for trial if they believe a jury will be sympathetic and award a higher settlement. Defendants may push for trial if they believe they have a strong defence or want to discourage future lawsuits.

Appealing a Wrongful Death Lawsuit

If you believe a wrongful death verdict was unjust, you may have the right to file an appeal.

Unlike a trial, appellate courts do not hear new evidence. Instead, they review the trial record, including transcripts, documents, and exhibits, to determine if legal errors affected the outcome.

Seeking representation from an experienced appellate lawyer is crucial, as they must identify procedural errors, legal misinterpretations, or improper rulings that could justify overturning the verdict.

How Long Does a Wrongful Death Lawsuit Take?

The timeline for a wrongful death lawsuit varies based on the complexity of the case, negotiations, and court proceedings.

Below are key stages involved:

1. Case Evaluation & Filing (Initial Stage)

The first step is determining if you have a valid claim. It is crucial to consult a lawyer promptly. Our experienced lawyers at Grillo Law can help you start your process.

2. Probate Process (If Required)

If filing on behalf of an estate, probate proceedings may be necessary, especially if the deceased left a will. The court may appoint a guardian for minor beneficiaries to manage their financial interests.

3. Establishing Damages

Compensation sought in a wrongful death case may include: burial and general costs, medical expenses, loss of financial support, pain and suffering, and punitive damages.

4. Discovery Process

Both sides gather evidence to build their case, which may include: medical record, accident reports & witness statements, expert testimony on liability and damages, and defective product recalls (if applicable).

5. Negotiation or Trial

Most wrongful death claims settle out of court, but complex cases may go to trial.

The length of a wrongful death lawsuit depends on many factors. Having an experienced wrongful death lawyer also ensures your claim is handled efficiently and maximizes your compensation. Contact Grillo Law for expert legal support.