fatal accidents
Compassionate legal guidance when you need it most.
There is nothing more heart-wrenching than the sudden death of a loved one — especially when it was preventable or the direct result of someone else’s negligence. The loss of a family member is an emotional devastation that can never truly be overcome.
In the aftermath of a fatal accident, grieving families are often left wondering how they will manage financially or otherwise care for dependents in the absence of their loved one. When a life is cut short by a motor vehicle collision, a severe slip and fall, or another tragic incident, Ontario law provides a mechanism for surviving family members to seek justice and financial stability.
The lawyers at Cook Reynolds LLP have over 40 years of experience dealing with the legal complexities of these highly sensitive cases across Hamilton, Burlington, St. Catharines, Niagara, and the Golden Horseshoe. We take on the legal burden so you and your family can focus on healing.
Key facts about fatal accidents in Ontario
- Claims are governed by the Family Law Act (FLA)
- Spouses, parents, children, grandparents, and siblings may be entitled to compensation
- You can claim for the loss of care, guidance, and companionship
- Financial losses, including the deceased’s future income, are compensable
- Funeral expenses and out-of-pocket costs can be recovered
- A strict two-year limitation period generally applies
Claims Under the Ontario Family Law Act
In Ontario, when a person is killed due to the negligence of another party, their surviving family members do not sue on behalf of the deceased. Instead, specific family members have their own independent right to sue the at-fault party under Section 61 of the Family Law Act (FLA).
Who can make a claim?
The FLA strictly defines which family members are eligible to seek compensation. Eligible claimants include the deceased’s:
- Spouse (including common-law partners)
- Children (including stepchildren and grandchildren)
- Parents (including stepparents and grandparents)
- Brothers and sisters
Other relatives, such as aunts, uncles, or cousins, are generally not permitted to bring a claim under the Act, regardless of how close they were to the deceased.
What compensation is available to the family?
Every family member provides support in their own unique way. Whether it was through financial provision, emotional support, or daily household contributions, the law recognizes that the loss of a family member creates a tangible void.
1. Loss of Care, Guidance, and Companionship
This is the most common type of non-pecuniary (non-financial) damage awarded in fatal accident cases. It compensates family members for the emotional loss of the relationship. The amount awarded varies significantly depending on the closeness of the relationship, the age of the deceased, and the age of the claimant.
2. Loss of Financial Support
If the deceased was a primary earner or contributed financially to the household, the surviving dependents (typically a spouse and children) can claim for the loss of that future income. This requires complex economic calculations to determine what the deceased would have earned over their expected working life, minus the amount they would have spent on their own personal consumption.
3. Loss of Household Services
If the deceased performed valuable services around the home — such as childcare, cooking, cleaning, home maintenance, or landscaping — the family can claim the cost of hiring outside help to replace those services.
4. Out-of-Pocket Expenses
The family is entitled to recover actual expenses incurred as a result of the death. This routinely includes:
- Funeral and burial expenses
- Travel expenses incurred to visit the deceased between the time of the injury and their death
- Medical expenses incurred on behalf of the deceased prior to their death
Statutory Accident Benefits in Fatal Car Crashes
If your loved one was killed in a motor vehicle accident, the family is also entitled to specific death and funeral benefits through Ontario’s Statutory Accident Benefits Schedule (SABS), regardless of who was at fault for the crash.
These benefits are paid by the deceased’s own auto insurance company (or the insurer of the vehicle they were in) and typically include a lump sum payment to the surviving spouse, lump sum payments to surviving dependents, and a capped reimbursement for funeral expenses. These benefits are available immediately and can help cover urgent costs while the tort claim against the at-fault driver is litigated.
Have you lost a loved one to negligence?
Let us our compassionate attorneys help you.
We understand that contacting a lawyer is the last thing on your mind after losing a family member. However, evidence from the accident scene disappears quickly, and the two-year limitation period begins running immediately.
Cook Reynolds LLP offers compassionate, pressure-free consultations to grieving families. We will clearly explain your rights, assess the circumstances of the accident, and handle all communications with the insurance companies and investigators.