In the tragic event of a fatal motor vehicle accident, certain family members of the deceased may have a claim for both pecuniary (financial) damages and non-pecuniary damages such as pain and suffering. The right to claim these damages stems from the Family Law Act.
Damages following a fatal motor vehicle accident may be awarded to the deceased’s spouse, children, grandchildren, parents, grandparents and siblings.
Damages for pecuniary (financial) damages are usually only awarded if they are advanced by someone who was dependent financially on the deceased. However, each situation is unique, so it is important to consult with a personal injury lawyer to see if you would have a claim for financial damages.
The Family Law Act also provides for payment of funeral expenses above the $6000.00 which is normally covered by the Statutory Accident Benefits provider.
The damages awarded for non-pecuniary losses such as pain and suffering are quite modest in Ontario, and certainly not as high as they are in the USA. In assessing the amounts for these damages, the courts consider the following:
• A determination if as a result of the death of the victim, there has been a loss of care, companionship and guidance to the claiming family members.
• Every claim is assessed on its own merit and facts. The judge will consider the age, mental and physical health of the person advancing the claim; whether the person advancing the claim resided with the deceased, and if not, the frequency of family visits and/or extent of familial contact; whether the person advancing the claim is emotionally self sufficient and the joint life expectancy of the deceased and the person putting forth the claim.
If you have suffered the loss of a loved one as a result of a fatal motor vehicle accident or due to the negligence of others, you should consult a personal injury lawyer to discuss the options you have to pursue a claim for compensation.
