A fatal accident is something no one can anticipate and no one deserves to experience. The loss of a loved one in a fatal accident is an unimaginable tragedy. The emotional toll and the immediate need to handle practical and legal matters can be overwhelming. Understanding your rights and the compensation you may be entitled to during this challenging time under Ontario law is crucial.
After the death of a loved one, there are often several questions that need to be answered, and limited time and capacity to gather the information you need. Foisy & Associates has compiled the basics of what you need to know about compensation after a fatal vehicle accident in Ontario to ensure you have clear information about what you are entitled to and can expect when suing the at-fault party’s insurance company for compensation.
Get the information you need from a legal team that understands and is here to guide you through the process.
Fatal Accidents and Understanding Grief
Losing a loved one in an unexpected circumstance, such as a vehicle accident, is extremely difficult. Although financial compensation cannot lessen the emotional impact, a settlement may address the financial worries and offset much of the hardship that the family ensures. There are two types of compensation that family members are eligible for: non-pecuniary and pecuniary.
What Compensation Can You Expect from the At-Fault Party’s Insurance Company?
When a fatal accident occurs, the at-fault party’s insurance company is responsible for compensating the deceased’s family and dependents. Understanding what types of compensation are available can help you navigate the legal process more confidently.
Family members are eligible for two types of compensation: non-pecuniary and pecuniary. Non-pecuniary losses are claims for losses that are not monetary, such as loss of care, guidance, and companionship. These losses do not have inherent monetary value; instead, their value will be determined based on the relationship one had with the deceased. Pecuniary losses include financial losses, including loss of income and funeral and internment expenses.
Although financial compensation cannot lessen the emotional impact, a settlement may address the financial worries and offset much of the family’s hardship.
Types of Compensation Applicable for Fatal Accidents
One of the immediate concerns after a fatal accident is covering the costs associated with the funeral and burial. In Ontario, these expenses can be claimed as part of the compensation. This ensures that the financial burden of laying your loved one to rest is not something you need to shoulder alone.
The deceased may have contributed significantly to household tasks and responsibilities, such as cleaning, maintenance, and childcare. Compensation can be sought for the loss of these services, which may now require hiring outside help, adding to the financial burden on the family.
In addition to the loss of income, there may be other financial contributions that the deceased provided, such as savings, investments, or financial planning. Compensation for the loss of financial contribution acknowledges these impacts on the family’s long-term financial security.
If the deceased were the primary income earner, the loss of their financial contribution can be devastating. Compensation for loss of income covers the future earnings your loved one would have provided, offering some financial stability during an otherwise turbulent time.
What You Need To Know About Fatal Accident Claims in Ontario
https://www.injurylawyercanada.com What do you need to know about fatal accident claims? Although no amount of compensation can make up for the loss of a loved one, knowing your legal options can help to make the process a little bit easier.
Who is Entitled to Compensation After a Fatal Car Accident?
In Ontario, several individuals are eligible to make a claim for compensation after a fatal accident. These typically include:
- Immediate Family Members: Spouses or common-law partners, children and stepchildren, grandchildren, parents, grandparents, and siblings can all be entitled to compensation.
- Financial Dependents: Individuals who were financially dependent on the deceased may also be eligible, even if they are not immediate family members.
The deceased person’s estate may also have the right to claim for losses suffered before their death. The deceased is entitled to compensation for pain and suffering endured from the time the accident commenced to the point the person fatally succumbed to their injuries.
Who is Responsible for Providing Compensation?
The responsibility for providing compensation after a fatal accident falls on the at-fault party’s insurance company. In some cases, multiple parties may be involved, and each party’s insurer may be responsible for different aspects of the compensation. This is where having an experienced legal team like Foisy & Associates becomes invaluable. We can help you navigate these complexities, ensuring that you receive the full compensation you are entitled to.
Understanding the Differences in Compensation: Why U.S. Awards Often Seem Larger Than in Canada
In the United States, many states allow compensation for grief, sorrow, and mental anguish following a fatal accident. This broad scope for damages is why we often hear of large compensation awards reported in the media. In contrast, Canadian law typically excludes these grounds for recovering damages. Instead, Canada only allows compensation for what is termed loss of care, guidance, and companionship, which means compensation awarded for fatal accidents rarely reaches the sums seen in the United States. However, an experienced fatal accident lawyer will be able to highlight the uniqueness and strength of your relationship with the deceased, allowing you and your family to get the compensation you deserve.
How Foisy & Associates Can Help
At Foisy & Associates, we understand the emotional and financial challenges you face after losing a loved one in a fatal accident. Our team is committed to providing the compassionate, expert legal support you need to navigate this difficult time. We offer a delicate yet committed approach to ensuring you receive the compensation you deserve. Our experience in Ontario fatality law allows us to guide you through the legal process with respect and empathy, so you can focus on healing while we handle the complexities of your case.
If we have not addressed your question here, please visit our FAQ page for more details. Additionally, if you have lost a loved one in a motor vehicle accident and need support in making a claim against the at-fault party’s insurance company, please contact us for a free consultation. Our team at Foisy & Associates is ready to provide you with the guidance and legal expertise you need to secure the compensation you and your family deserve.