When someone is killed in an accident, family members are understandably devastated and the last thing on their minds is what avenues of financial compensation are available to them.
Family members may be entitled to multiple sources of compensation, from government benefits to auto, life and other insurance proceeds. It is important for family members to retain an accident lawyer with both compassion and the experience to ensure the family is protected financially during a most difficult time.
If the deceased suffered before passing away, family members can use the Ontario Trustee Act to make a claim on behalf of the deceased’s estate for that pain and suffering. Family members can also rely on the Ontario Family Law Act to receive compensation for:
- Out of pocket expenses such as funeral costs or counseling expenses
- The loss of the deceased’s care, guidance and companionship
- The loss of the deceased’s contribution to household income
- Family members’ lost income while grieving
- The loss of unpaid work the deceased contributed to the household (such as housekeeping and care giving services)
The Courts are constantly expanding the heads of damages family members can claim, trying to ensure that the family members are made as whole as they can be after their loss. However, not all losses are compensable as evidenced by the Ontario Court of Appeal decision in Macartney v. Warner, where the Court denied family members’ claims for grief/nervous shock which led to missed work and lost income, although the income loss claims themselves were allowed.
Our firm is always on the cutting edge of new law in the area of fatal and other accidents.
Let our experienced team help your family deal with the loss of a loved one with sympathy and professionalism. Let us take care of your family members’ claims so that they can concentrate on grieving and healing, while we ensure that no source of compensation is left on the table.
At Himelfarb Proszanski, we build winning cases. That’s the HimPro Advantage™.