Toronto Wrongful Death Lawyer

The loss of a loved one can be more than anyone should have to bear. If their death was preventable, you may have the opportunity to bring the responsible party to justice. Discuss your case with an experienced wrongful death lawyer in Toronto.

It’s one thing for someone to pass away naturally, but when the actions of another are directly or indirectly responsible for their passing, that person should be held to account and compelled to compensate the decedent’s surviving family members accordingly. 

The last thing you need to be dealing with is financial worries while you are trying to grieve in peace, and our team of attorneys at Jasmine Daya & Co. wants to help you through this difficult time in your life. Let your highly trained Toronto wrongful death lawyer handle your case while you spend your time and energy where it should be: with family and in mourning. 

What Constitutes a Wrongful Death

Many surviving family members are either unaware that they have a case or are unsure of whether their loved one’s passing is grounds for a wrongful death lawsuit in Toronto. In order for a death to be considered wrongful, you will need to be able to prove that if it were not for the actions of another, whether direct or indirect, your family member might still be alive. 

It doesn’t matter if the liable party was intentionally trying to harm your family member or the death was an accident; the fact of the matter is that if it were not for the actions of someone else, the decedent may not have passed away. If you are still unsure if your loved one’s death constitutes a fatal injury lawsuit, you should speak with an attorney about the individual details of your case. 

The Right to File a Fatal Accident Lawsuit

Before you can get started on your Toronto civil lawsuit, you will need to be sure that you have the right to file a claim in the first place. Ontario law only allows for certain family members to pursue a wrongful death claim, including:

  • The decedent’s surviving spouse and children
  • Parents and grandparents
  • Siblings of the deceased
  • Grandchildren

Once you know whether you have the legal right to file a wrongful death lawsuit, you will need to act quickly. The statute of limitations in Ontario for wrongful death claims is just two years, which means you will only have two years from the date that your relative passed away to get your claim filed. If you miss this critical deadline, you will have lost the opportunity to recover compensation for the death of your family member. 

Compensation for Wrongful Deaths

When you are filing a wrongful death claim, you are essentially filing a lawsuit and seeking compensation for the losses your family member would have sought to recover if they had not passed away from their injuries. These losses might include compensation for:

  • Out-of-pocket medical costs
  • Loss of household expenses
  • Lost income
  • Loss of guidance and support
  • Loss of companionship and care
  • Nursing and housekeeping expenses
  • Funeral and burial expenses
  • Travel expenses of family members

It is important to note that family members of the deceased cannot recover compensation for damages like emotional distress or pain and suffering, as the majority of the losses you can be awarded for will be for losses endured by the decedent.

With that being said, if you or another relative went through mental health counseling or therapy to cope with the devastation of your loss, then you may be able to secure compensation for the costs of this treatment in your wrongful death lawsuit. 

You may also be able to obtain compensation for punitive damages if the actions of the liable party were of a harsh, vindictive, reprehensible, and malicious nature.

This means that if the person responsible for causing your family member’s death was intending to cause harm, or if they caused the death while committing a crime, punitive damages may be awarded by the Toronto courts, depending on the circumstances of the decedent’s death. However, punitive damages are rare in Ontario.

Get Help from a Wrongful Death Lawyer in Toronto

Your loved one’s memory deserves justice, and you can help hold the individual or entity responsible for their passing to account by pursuing a wrongful death lawsuit. You can learn more about the claims process by speaking with an experienced Toronto wrongful death lawyer at Jasmine Daya & Co. 

We can be reached by phone at 416-967-9100 or via the convenient contact form included below when you are ready to schedule your free, no-obligation consultation.