The sudden and tragic loss of a loved one caused by another party’s negligence or wrongful conduct can devastate a family emotionally and financially. While no legal action can ever replace what has been lost, pursuing justice and securing financial stability can be an important step toward accountability and healing.
At Bogoroch & Associates LLP, our lawyers provide compassionate, skilled legal representation to grieving families throughout Ontario. With a strong presence in the Toronto legal community and a province-wide mandate to ensure access to justice in every community, we offer personalized guidance while aggressively advocating for your family’s rights at every stage of litigation.
What Is Considered Wrongful Death in Ontario?
Under Ontario law, a wrongful death occurs when a person dies as a result of another party’s actionable negligence or wrongful act. This involves a breach of the legal duty of care owed to the deceased, with that breach directly causing the fatal injury.
Wrongful death claims may arise from a wide range of circumstances, including but not limited to:
- Negligent operation of a motor vehicle
- Unsafe property conditions maintained by owners or occupiers
- Medical errors or substandard care by healthcare professionals
- Workplace safety violations by employers
- Neglect or abuse in nursing homes and long-term care facilities
Part V of Ontario’s Family Law Act (FLA) allows certain family members to bring a civil claim against the responsible parties for both economic and non-economic losses resulting from the death.
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Client Testimonial
Right from the first time we walked into his office with our hearts heavy with pain, Mr. Bogoroch and his staff made us feel that we did have a case and most of all that we were going to win. He fought so hard for our boys and our family in getting a very good settlement.
- Mr. and Mrs. Small
Common Causes of Wrongful Death Claims We Handle
At Bogoroch & Associates LLP, our wrongful death lawyers in Toronto have extensive experience representing families in complex and emotionally challenging fatal accident cases, including:
- Motor Vehicle Accidents & Fatal Collisions: Deaths caused by speeding, impaired driving, distracted driving, or other negligent driving behaviours.
- Pedestrian & Cyclist Fatalities: Catastrophic outcomes when motorists fail to yield or drive with appropriate care.
- Medical Malpractice Fatalities: Preventable deaths resulting from surgical errors, misdiagnosis, delayed diagnosis, or inadequate medical treatment. Learn more about our medical malpractice lawyers in Toronto.
- Birth-Related Deaths: The tragic loss of mothers or infants due to negligent prenatal care, labour, or delivery room errors.
- Surgical or Anesthesia Errors: Fatal complications caused by surgical mistakes or improper anesthesia administration.
- Nursing Home Negligence & Elder Abuse: Deaths resulting from neglect, medication errors, falls, dehydration, or inadequate supervision in long-term care facilities.
- Workplace Accidents: Fatal injuries caused by unsafe working conditions, lack of training, or defective equipment.
- Product Liability Deaths: Fatalities caused by defective or dangerous consumer products.
- Slip and Fall Fatalities: Deaths caused by hazardous property conditions that owners failed to address. These cases are often handled by our Toronto personal injury lawyers.
- Recreational Accidents: Fatal incidents involving boating, ATVs, drowning, or other recreational activities where proper safety measures were lacking.
Who Can File a Wrongful Death Claim in Ontario?
Ontario’s Family Law Act sets out who is eligible to bring a wrongful death claim. Eligible family members may include:
- Spouses (including common-law partners)
- Children
- Parents
- Siblings
- In some circumstances, grandparents and grandchildren
Eligibility and the types of damages available depend on the relationship to the deceased and any financial dependency. Our wrongful death lawyers in Toronto carefully assess your family’s circumstances to determine eligibility and pursue the maximum compensation available.
What Compensation Can Families Receive in a Wrongful Death Claim?
Families may be entitled to compensation for a range of losses, including:
- Funeral and burial expenses
- Loss of care, guidance, and companionship
- Loss of financial support and future income that the deceased would have provided
- Loss of household services the deceased performed
- Medical expenses incurred prior to death
- Psychological counselling costs for surviving family members
- Out-of-pocket expenses related to the death
- Loss of inheritance in certain cases
We work closely with economists, financial experts, medical professionals, and forensic accountants to ensure every aspect of your loss is fully and accurately assessed.
Why Choose Bogoroch & Associates LLP for Wrongful Death Claims in Toronto?
With over 30 years of experience, Bogoroch & Associates LLP is widely recognized as a leader in complex wrongful death litigation across Ontario. Our firm has a strong track record of securing significant settlements and trial verdicts for families facing unimaginable loss.
When you work with us, you benefit from:
- Access to top accident reconstruction experts, medical specialists, and forensic professionals
- A client-focused, compassionate approach that prioritizes your family’s well-being
- Clear, transparent communication throughout the legal process
- Representation on a contingency fee basis - no legal fees unless we recover compensation for you
Our Toronto-based team proudly serves families across the entire province. Contact us for a free consultation.
The Wrongful Death Claims Process in Ontario
Understanding what to expect during a wrongful death claim can help reduce uncertainty and ease some of the stress during an already difficult time. While every case is unique, most wrongful death claims in Ontario follow these key stages:
- Initial Consultation & Case Review: We meet with your family to discuss the circumstances surrounding your loved one’s death, answer your questions, and assess the legal merits of your potential wrongful death claim.
- Investigation of the Circumstances of Death: Our legal team conducts a comprehensive investigation, gathering police reports, witness statements, incident records, and any other relevant evidence needed to establish liability.
- Collection of Evidence & Documentation: We compile critical documentation, including medical records, employment and income history, financial information, and other materials necessary to support your claim and quantify your losses.
- Engaging Medical and Accident Reconstruction Experts: Qualified medical professionals and accident reconstruction specialists are retained to analyze the incident, establish causation, and provide expert opinions regarding negligence and liability.
- Calculating Damages and Losses: We work closely with economists and actuaries to accurately calculate both economic and non-economic damages, including financial losses, loss of care, guidance and companionship, and future income projections.
- Filing a Wrongful Death Claim (Family Law Act Claim): Our firm prepares and files all required legal documents to formally commence your wrongful death lawsuit under Ontario’s Family Law Act.
- Discovery and Settlement Negotiations: Both parties exchange relevant information through the discovery process, after which we engage in negotiations with insurance companies and other defendants to pursue a fair settlement.
- Mediation: Many wrongful death cases are resolved through mediation, where a neutral third party facilitates structured settlement discussions aimed at achieving a resolution without the need for trial.
- Settlement and Compensation: If a settlement is reached, we ensure that compensation is promptly and properly distributed to eligible family members.
- Trial (If Necessary): If a fair settlement cannot be achieved, our wrongful death lawyers are fully prepared to advocate for your family’s interests in court.
FAQs
What qualifies as wrongful death in Ontario?
A wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional actions. This includes deaths from car accidents, medical malpractice, workplace incidents, and other preventable circumstances.
Who can file a wrongful death lawsuit?
Under Ontario’s Family Law Act, eligible claimants include spouses, children, parents, siblings, and, in some circumstances, grandparents and grandchildren of the deceased.
What is the time limit for filing a wrongful death claim?
Ontario’s Limitations Act generally provides a two-year limitation period from the date of death to file a wrongful death claim. It is crucial to consult with a lawyer promptly to protect your rights.
How is compensation calculated?
Compensation considers multiple factors, including the deceased’s age, income, life expectancy, the nature of relationships with family members, funeral costs, and the emotional impact on survivors.
Do wrongful death cases go to trial?
Many cases resolve through negotiation or mediation, though we are fully prepared to proceed to trial when necessary.
How long do wrongful death cases take to resolve?
The timeline varies depending on case complexity, but most wrongful death claims resolve within 12 to 36 months.
What evidence is needed for a wrongful death claim?
Essential evidence includes accident reports, medical records, witness statements, employment and income documentation, photographs, expert opinions, and proof of financial dependency.
Can Bogoroch & Associates LLP help clients across Ontario?
Absolutely. While our offices are based in Toronto, we represent wrongful death clients throughout Ontario, ensuring families across the province receive expert legal representation.
Speak to a Compassionate Wrongful Death Lawyer Right Away
At Bogoroch & Associates LLP, our experienced wrongful death lawyers understand that no settlement can replace your loved one. Our goal is to secure the financial support your family needs while holding negligent parties accountable and honouring your loved one’s memory.
Serving Clients Across Ontario
We proudly represent families throughout Ontario, including Toronto, Mississauga, Scarborough, Etobicoke, Vaughan, North York, York, Thunder Bay, Oakville, Burlington, Hamilton, Barrie, Sault Ste. Marie, Milton, GTA, Ottawa, London, Brampton, Windsor, Markham, Guelph, Oshawa, Kingston, Sudbury, Newmarket, Peterborough, Whitby, Sarnia, Georgetown, Orangeville, Woodstock, Cornwall, Lakefield, Bancroft, North Bay, and beyond.
Contact a wrongful death lawyer today at 416-599-1700 for a free consultation.
We operate on a contingency fee basis, meaning there are no fees unless we recover compensation for your family. Contact us today to schedule your consultation.
Telephone No.4165991700
