As unfortunate as it may sound, when it comes to wrongful death cases in the province of Ontario, they are usually associated with car accidents. In situations of the kind, the driver has been found to be negligent or careless.
Filing a claim of the kind could also easily be referred to as filing a wrongful death lawsuit or taking action in this regard. They are usually filed with the civil courts. The thing that you need to understand here is that they do not intend to seek criminal charges but reparation of damages. This is usually financial recovery from those who are actively responsible for the accident which has led to the fatal injury. Depending on the actual circumstances revolving around the accident, criminal actions might also take place in addition to the case that you are leading in the civil court.
Under the Family Law Act of Ontario when there are lives lost due to the negligent actions of a third party, the spouses as well as the children and other family members who are left behind might be entitled to filing a wrongful death lawsuit. This is definitely something that you want to take into very serious consideration.
A lawsuit of the kind could be filed against the party which is responsible or those who are responsible for their insurance. In the majority of the situations just as in a fatal car accident, the insurance company if the driver which is found at fault is actually responsible for the compensation.
What is the compensation actually based on?
It goes without saying that there is unlikely to be an amount of money which could actually come close to repair the damages incurred by the family who had just lost a loved one. Attempting to even place a dollar value on them is definitely painful and particularly delicate.
It usually comes down to seeking the semblance of justice that could be done for those who are left behind. When there is a person who is fatally injured in an accident, the financial hardship that the remaining family members might have to incur could be recoverable. There are different types of damages that one can claim. These include:
• Loss of guidance, companionship and care
• Financial support
• Actual expenses
This is something quite important. Of course, the funeral expenses are amongst the leading categories as regular funeral services could cost as much as $12000. This is definitely not something that someone who had just lost the love of his life and a major source of income could or should be able to afford. Working with a personal injury lawyer in Huntsville is definitely important and you ought to consider it.