Toronto Wrongful Death Lawyers
Our experienced Ontario legal team can help guide you through the process
The death of a loved one can be a traumatic experience under normal circumstances. If a family member dies due to someone else’s reckless or negligent behaviour, the flood of emotions can often be overwhelming. Knowing what your rights are in Ontario might not be clear. That’s why it’s important to talk to an experienced Toronto wrongful death attorney as soon as possible.
Wrongful Death Case Result
$1.3 million for a resident who died in a fire in an illegal rooming house.
Our legal team at Smitiuch Injury Law can work with your family every step of the way. Our team of attorneys has extensive experience helping families in the aftermath of a fatal accident. We recognize the importance of taking the time to understand the details of your case and we are committed to working towards achieving the best possible outcome.
“Thank you very much Peter! And to everyone else at Smitiuch Injury Law!
I don't know where I would be today if it weren't for the support I received from all of you. All the best and I hope to never need your services again!! Lol” – Pam S., ⭐⭐⭐⭐⭐
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FAQs about Ontario Wrongful Death Claims
- What is a wrongful death claim?
- Who can file a wrongful death claim in Ontario?
- What damages can be recovered in a wrongful death case?
- How is liability proven in a wrongful death case?
- How long do I have to file a wrongful death lawsuit in Ontario?
- Can a wrongful death case be settled out of court?
- What should I do if I believe I have a wrongful death claim?
- How long does a wrongful death claim take to resolve?
- How much does it cost to hire a wrongful death lawyer?
- Can I file a wrongful death claim if criminal charges are also involved?
- What if my loved one was partly at fault for the accident?
- What’s the difference between a wrongful death claim and a survival action?
What is a wrongful death claim?
Wrongful death is a legal term used to describe an injury accident or illness caused by someone else’s reckless or negligent behaviour. A wrongful death claim can include a wide range of personal injury accidents, including:
- Fatal car accidents
- Fatal truck accidents
- Fatal motorcycle accidents
- Medical malpractice
- Drowning accidents
Whatever type of wrongful death claim your family is dealing with in the GTA or Ontario, you can rely on our legal team to carefully investigate your case and explore every possible legal angle on your behalf.
Who can file a wrongful death claim in Ontario?
In Ontario, not just anyone can bring a wrongful death claim. Under the Family Law Act, only specific close relatives of the deceased are eligible to file. This typically includes the spouse, children, parents, grandparents, and siblings. Each of these family members can pursue compensation if they suffered a loss due to their loved one’s death. The idea is to recognize both emotional and financial harm, so claims often cover the loss of care, guidance, and companionship, along with actual expenses, such as funeral costs or therapy bills.
For example, a spouse might claim for the emotional void and loss of shared household income. A child could claim for the loss of parental guidance. Siblings and grandparents may also be eligible, depending on their relationship with the deceased. The law aims to support those most affected by the tragedy, but the process can be complicated. Smitiuch Injury Law can assess your eligibility and explain your options further, so you know what to expect.
What damages can be recovered in a wrongful death case?
A wrongful death claim isn’t just about holding someone accountable; it’s also about helping families recover from the financial and emotional toll of an unexpected loss. In Ontario, eligible family members can claim a variety of damages (financial losses), including compensation for:
- Funeral and burial expenses
- Loss of financial support, especially if the deceased was a primary earner
- Loss of care, guidance, and companionship, which recognizes the emotional and relational impact
- Out-of-pocket expenses tied to the death, such as travel or legal costs
- Loss of household services, like cooking, cleaning, or child care that the deceased would have provided
The courts will consider the nature of your relationship with the deceased and how their death has affected your life. While no amount of money can truly compensate for the loss of a loved one, a successful claim can provide financial relief and help families move forward. Each case is unique, and we can help ensure all eligible damages are properly accounted for as part of your case.
How is liability proven in a wrongful death case?
To succeed in a wrongful death claim, you’ll need to show that someone else’s actions (or failure to act) directly caused your loved one’s death. The at-fault party is considered liable, or legally responsible for causing someone’s death. This is a form of negligence law, and it requires proving four key elements:
- Duty of care: The person or entity owed a legal responsibility to act with care toward the deceased. For example, drivers must follow the rules of the road.
- Breach of duty: They failed to meet that responsibility by driving recklessly, providing poor medical care, or ignoring safety regulations.
- Causation: That breach directly caused the fatal incident.
- Damages: You or other surviving family suffered losses because of the death. This might include emotional, financial, or both.
Proving these elements often involves gathering strong evidence, including accident reports, expert opinions, medical records, and witness statements. Our Ontario wrongful death lawyers can help build a solid case by showing how the negligent behaviour led to the loss and what it means for your family.
How long do I have to file a wrongful death lawsuit in Ontario?
In Ontario, the law generally gives you two years from the date of death to file a wrongful death lawsuit. This deadline is set by the Limitations Act and missing it can mean losing your right to pursue compensation altogether. However, if the cause of death wasn’t immediately known – such as in some medical malpractice cases – the clock might start ticking from the date of discovery.
Because these rules can vary, it’s important not to delay. The sooner you speak with a lawyer, the better. Early action helps preserve critical evidence, allows time for thorough investigation, and gives your legal team the strongest foundation to pursue justice. Even if you're unsure whether you have a case, a consultation with a lawyer at our firm can help you understand your rights and make an informed decision.
Can a wrongful death case be settled out of court?
Many wrongful death claims in Ontario are resolved outside of court through settlement negotiations. This process can be quicker, less stressful, and more private than going to trial. Settlements usually involve the at-fault party’s insurance company agreeing to pay compensation to the family in exchange for dropping the legal claim.
However, not every case settles right away. If the insurance company offers too little or disputes who was at fault, Smitiuch Injury Law will be ready to file a lawsuit to protect your rights. Even then, the case can still settle before reaching trial, and many do.
We prepare cases like they will go to court, but always explore the possibility of a fair settlement first. We’ll negotiate on your behalf, handle the legal legwork, and help you understand whether an offer truly reflects all your financial losses. The goal is to reach a resolution that honours your loved one’s memory and gives your family the support you need to move forward.
What should I do if I believe I have a wrongful death claim?
If you believe your loved one died due to the reckless or negligent behaviour of someone else, we advise you to take the following steps to protect your rights:
- Save any written materials (accident report, medical bills, etc.) related to your loved one’s accident or illness.
- If the at-fault party’s insurance company contacts you, do not discuss your potential case with them. You are not required to talk to them.
- Contact our Toronto law firm as soon as possible.
What many people might not realize is anything they say or write about their loved one’s injury or illness could potentially be used to reduce or deny their family’s wrongful death claim. That’s why we want to meet with you as soon as possible. We can deal with all the legal aspects of your case while your family grieves the loss of your loved one.
How long does a wrongful death claim take to resolve?
The timeline for resolving a wrongful death case can vary depending on the specifics of your case, the willingness of the other party’s insurance company to negotiate, and whether the case goes to court. Some claims settle within several months, while others may take a year or more. If the insurance company disputes liability or refuses to make a fair settlement, the case could proceed to trial, which could extend the process. Smitiuch Injury Law works efficiently while ensuring no detail is overlooked. We’ll keep you informed every step of the way and always aim to resolve your case as quickly and fairly as possible.
How much does it cost to hire a wrongful death lawyer?
We understand that legal costs can be a concern, especially after an unexpected tragedy. That’s why we offer free consultations. Plus, if we take on your case, you don’t pay anything unless we win. This is called a contingency fee agreement. Our fees come from a percentage of the settlement or court award, not your pocket. We’ll explain everything upfront so there are no surprises. That way, you can focus on healing while we focus on working on your case.
Can I file a wrongful death claim if criminal charges are also involved?
A wrongful death claim is a civil matter and is separate from any criminal charges. If the person responsible for your loved one’s death is facing criminal prosecution (such as for impaired or dangerous driving), you can still pursue a civil claim for financial compensation. The outcome of the criminal case doesn’t prevent you from seeking justice through a wrongful death lawsuit. In some cases, evidence from the criminal case may even help support your civil claim.
What if my loved one was partly at fault for the accident?
Ontario follows a rule called “contributory negligence,” which means compensation may still be available even if your loved one was partially responsible. However, the total amount of compensation could be reduced based on their level of fault. For example, if they were found 25% at fault, the damages (financial compensation) awarded may be reduced by that amount. Smitiuch Injury Law can review the details and explain how the law applies to your situation.
What’s the difference between a wrongful death claim and a survival action?
A wrongful death claim is brought by family members who suffered emotional and financial losses due to a death. A survival action, on the other hand, is a claim that could have been made by the deceased if they had lived. It may cover the pain, suffering, or loss of income they experienced between the time of injury and their passing. In Ontario, these types of claims can sometimes be combined. The Ontario wrongful death lawyers at Smitiuch Injury Law can evaluate every aspect of your case to ensure all possible avenues for compensation are explored.
Your family’s rights matter. Talk to a Toronto wrongful death attorney at our law firm.
We realize this is a very difficult time in your lives. You may not want to deal with the legal matters right away related to your loved one’s death. The reality is that the sooner you take legal action, the better our ability to find the evidence that matters.
Learn more about how our Toronto wrongful death attorneys can assist your family. Contact us and schedule an appointment at our Toronto, Brantford or Simcoe office. Your family’s best interests come first here.
