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Wrongful death claims and claims by the estate and surviving family

Wrongful death claims and claims by the estate and surviving family

No amount of financial compensation can ever compensate a family for the loss of another family member due to someone else’s negligence or intentional act. The type of damages available to the estate are fairly significant. All claims of potential damages should be advanced on behalf of the estate. The amount of general damages paid in the event of death is relatively low and does not adequately provide for the surviving family upon death to pay costs as a result of the negligence of another.

The deceased future loss of income claim, when investing in the estate claim, converts into a financial dependency claim by the surviving family members. In addition to financial dependency claims, the estate advances claims seeking punitive, aggravated or exemplary damages. It is unclear in Ontario whether the estate trustee can advance a claim for punitive and aggravated damages on behalf of the estate. In Ontario, there is no doubt that these claims for damages arising out of pain and suffering of the deceased from the time period between the incident causing injury and the death. The amount of damages awarded for such injuries depends on the circumstances. Damages for pain and suffering are assessed by a judge or jury considering a number of factors such as how long the deceased survived, the age of the deceased at the time of death, whether negligence was the direct cause of death for simply contributing aggravated factors, the amount of suffering, the length and type of suffering and so on. The amount of damages will vary largely on the circumstances of each case.

If you have suffered the loss of a loved one and believe you may have a claim to advance, please feel free to contact our lawyers free of charge. Our Ottawa personal injury and estate lawyers can assess your claim free of charge and in many cases accept the personal injury claim on behalf of the estate on a no fee unless you win basis.

Quinn Thiele Mineault Grodzki LLP
Ottawa accident and injury lawyers.
Ottawa, Ontario