Best Wrongful Death Lawyers in Oakville

About Wrongful Death Law in Oakville, Canada

Wrongful death in Oakville is governed by Ontario law. A wrongful death claim arises when a person dies because of the wrongful act, negligence, or default of another. Oakville is in Halton Region, so local investigations may involve Halton Regional Police and the Office of the Chief Coroner for Ontario, but the civil claim itself is brought in the Ontario Superior Court of Justice.

Wrongful death cases can follow many types of incidents, including motor vehicle collisions, medical malpractice, unsafe premises, defective products, recreational accidents, municipal road or sidewalk non-repair, nursing home or long term care negligence, and assaults. Ontario law allows certain family members to claim for their losses, and the deceased person’s estate may also bring a separate claim for losses suffered by the deceased before death.

This guide explains when you may need a lawyer, how Ontario laws apply in Oakville, what deadlines to watch, and practical next steps.

Why You May Need a Lawyer

Wrongful death cases are complex. You may benefit from retaining a lawyer in these situations:

- The cause of death is disputed or involves multiple at-fault parties, such as a crash with several vehicles, a construction site, or municipal infrastructure issues.

- The case involves specialized standards, such as medical negligence, product liability, or professional negligence, where expert evidence is essential.

- There are strict notice and limitation deadlines, including special rules for municipalities, snow and ice claims, claims against the Crown, or accident benefits after a motor vehicle collision.

- The death occurred at work, raising Workplace Safety and Insurance Board issues and possible restrictions on the right to sue.

- The family needs to coordinate both a family claim and an estate claim, including the appointment of an estate trustee and probate filings.

- Insurers are disputing liability, causation, or the value of damages, or are asking for statements and authorizations that could affect the claim.

- There are minors or dependants involved, requiring court approval of any settlement.

- You need guidance on quantifying losses, such as loss of financial support and services, future care or counseling expenses, and non pecuniary damages.

Local Laws Overview

Who can claim: Ontario’s Family Law Act allows certain relatives of the deceased to bring a claim. Eligible claimants typically include a spouse, children, grandchildren, parents, grandparents, and siblings. A spouse can include a married spouse and, in some situations, an unmarried partner who has cohabited for a qualifying period or shares a child with the deceased.

What can be claimed by family members: Common Family Law Act damages include reasonable funeral expenses, actual expenses reasonably incurred for the benefit of the deceased before death, travel expenses to visit during treatment, the value of care and services provided, loss of financial support, loss of household services, and loss of guidance, care, and companionship.

Estate or survivorship claim: Under Ontario’s Trustee Act, the deceased person’s estate may claim the damages the deceased could have claimed had they lived, such as income loss up to the date of death and pre death pain and suffering, subject to statutory limits. The estate cannot recover for the loss of life itself.

Limitation periods in Ontario: Most wrongful death claims are subject to a two year limitation period running from the day the claim is discovered. The survivorship claim under the Trustee Act has a two year limitation running from the date of death. Some claims have shorter notice periods that must be met even earlier.

Special notice rules that often arise around Oakville: Claims alleging non repair of roads or sidewalks against a municipality generally require written notice within 10 days, subject to limited exceptions where there is reasonable excuse and no prejudice to the municipality. Many Ontario snow and ice slip claims on private property require written notice to the occupier and any maintenance contractor within 60 days. Claims against the provincial or federal Crown have their own notice requirements. If the death involved a motor vehicle, there are time sensitive accident benefits forms and timelines.

Motor vehicle specific rules: Ontario’s Insurance Act imposes unique rules for motor vehicle lawsuits, including thresholds and monetary deductibles for certain non pecuniary damages. There are also statutory accident benefits that may provide death and funeral benefits and counseling for dependants regardless of fault. These systems are technical, and timelines are short.

Workplace deaths: If the death arose out of and in the course of employment, survivors may be entitled to Workplace Safety and Insurance Board benefits. In many cases, WSIB coverage limits or bars lawsuits against certain employers or co workers. A lawyer can advise on elections and exceptions.

Evidence and proof: To succeed, claimants must prove that the defendant breached a legal duty and that the breach caused the death. Evidence often includes police collision reports, coroner and autopsy reports, medical records, expert opinions on causation and standard of care, photographs, surveillance or dash cam video, maintenance logs, and witness statements.

Where cases are heard: Wrongful death lawsuits are typically commenced in the Ontario Superior Court of Justice. For Oakville matters, proceedings are commonly brought in the Halton Region court location.

Frequently Asked Questions

What is considered a wrongful death in Ontario?

A wrongful death occurs when a person dies because of another’s wrongful act, neglect, or default. If the deceased could have sued had they survived, certain family members can sue for their own losses, and the estate can sue for the deceased’s pre death losses.

Who can bring a wrongful death claim in Oakville?

Eligible relatives usually include a spouse, children, grandchildren, parents, grandparents, and siblings. An unmarried partner may qualify as a spouse in some circumstances. The deceased’s estate, through an estate trustee, can also bring a separate survivorship claim.

What damages can family members recover?

Family members can claim funeral expenses, travel and caregiving expenses, loss of financial support and household services, and loss of guidance, care, and companionship. The amounts depend on evidence about relationships, dependency, and the impact of the loss.

What damages can the estate recover?

The estate can claim losses suffered by the deceased before death, such as income loss up to death, medical expenses, and pain and suffering between injury and death. The estate cannot recover for the loss of life itself or post death income.

How long do I have to start a wrongful death claim?

In most cases, you have two years from the date you knew or ought to have known you had a claim. The estate’s survivorship claim has a two year period from the date of death. Some claims require very quick written notice, such as municipal road claims or certain snow and ice incidents, so act promptly.

What if my loved one was partly at fault?

Ontario uses contributory negligence. If the deceased was partly at fault, damages are typically reduced by the deceased’s percentage of responsibility. You can still recover the remaining portion from other at fault parties.

Do I need to be appointed as estate trustee to sue?

To advance the estate’s survivorship claim, an estate trustee must be appointed. Family members can start Family Law Act claims in their own names. In practice, both claims are often brought together in one lawsuit.

How do criminal charges affect a civil wrongful death case?

Civil and criminal cases are separate. A criminal conviction can assist a civil case, but you do not need a criminal conviction to succeed civilly. The civil standard of proof is balance of probabilities, which is lower than in criminal court.

What will a lawyer cost?

Many Ontario personal injury lawyers work on a contingency fee, meaning legal fees are paid from the recovery if the case succeeds. Disbursements and HST may be extra. Ontario requires a written contingency fee agreement with clear terms. Ask for the firm’s standard form and an explanation of all fees and expenses.

How long will the case take?

Timelines vary based on complexity, number of parties, expert evidence, and court availability. Straightforward cases may resolve within 12 to 24 months, while complex medical or multi party cases can take longer. Early investigation improves the chance of a timely and fair resolution.

Additional Resources

Office of the Chief Coroner for Ontario - Provides death investigations and inquests. Families can request information about a loved one’s death investigation and, in some circumstances, attend or participate in inquests.

Halton Regional Police Service - Investigates motor vehicle collisions and sudden deaths in Oakville. Collision reconstruction and occurrence reports can be requested for civil proceedings.

Ontario Superior Court of Justice - The trial court for wrongful death lawsuits in Ontario. The Halton Region location serves Oakville for most civil matters.

Law Society of Ontario Referral Service - Offers a free referral to speak with a lawyer for an initial consultation to help you understand your options.

Workplace Safety and Insurance Board - Provides survivor benefits for deaths arising from workplace incidents, and administers the workers’ compensation scheme that can affect your right to sue.

Financial Services Regulatory Authority of Ontario - Oversees auto insurers and statutory accident benefits. Families affected by motor vehicle fatalities may be eligible for death and funeral benefits.

Victim services in Halton Region - Assists families coping with sudden loss, providing crisis support and referrals to counseling and community resources.

Bereavement support organizations - Local and provincial groups can help families with grief counseling and practical support following a sudden death.

Next Steps

1. Prioritize safety and immediate needs. Obtain the death certificate, attend to funeral arrangements, and support family members.

2. Preserve evidence. Keep photographs, video, vehicles, damaged items, clothing, maintenance records, and any devices that may contain data. Save names and contact details of witnesses and first responders.

3. Gather key documents. Collect police occurrence numbers, coroner information, medical records, employment and income records, insurance policies, and any correspondence from insurers or authorities.

4. Diary deadlines. Note the two year limitation periods and any shorter notice requirements, such as municipal 10 day notice or 60 day snow and ice notice. If a motor vehicle is involved, start accident benefits forms promptly.

5. Speak with an Ontario wrongful death lawyer early. An initial consultation can clarify claims available to family members and the estate, preserve evidence, and prevent missed deadlines.

6. Address estate steps. If a survivorship claim is contemplated, a lawyer can help with obtaining a Certificate of Appointment of Estate Trustee where needed and coordinating estate and family claims in one action.

7. Be cautious with insurers. Before providing statements or signing authorizations, get legal advice. Your lawyer can handle communications and negotiation.

8. Consider funding and fees. Discuss contingency fees, disbursements, and potential costs. Ask for a written explanation and a copy of the proposed agreement.

9. Support dependants. Explore available benefits, such as WSIB survivor benefits for workplace deaths or accident benefits after motor vehicle fatalities, and counseling resources for grieving family members.

10. Focus on healing while your lawyer builds the case. Your legal team will obtain records, retain experts, quantify losses, and work toward a fair settlement or prepare for trial if necessary.

This guide is general information about Ontario law as it applies in Oakville. It is not legal advice. For advice about your specific situation, consult an Ontario lawyer without delay.