When you lose a loved one through an unexpected death the last thing you will probably consider is the need for a lawyer. However, if they have suffered a wrongful death and somebody else was responsible then a search for wrongful death lawsuit Canada should be one you do sooner rather than later. Under the laws of Canada, every province governs the claims for fatal injury or wrongful death differently. Here is a brief overview.

Ontario

A claim for wrongful death must prove that any fatalities were due to either deliberate action or negligence by a third party and not the deceased. It must also be proved the loss has resulted in the surviving parties suffering measurable damage. When raising such a case in Ontario, claims for the loss of companionship, care and guidance that would have been expected from the deceased can be included. These claims can be made by spouses, including common law, children, parents and grandparents. These family members can also make a claim for financial losses including loss of income, financial support and loss of support or child care.

British Columbia/Nova Scotia

The same general rules apply in these provinces as in Ontario. A claim for wrongful death must prove that any fatalities were due to either deliberate action or negligence by a third party and not the deceased. It must also be proved the loss has resulted in the surviving parties suffering measurable damage. In terms of the other losses it does differ slightly. The relationship of the person making the claim to the deceased heavily determines how much compensation can be awarded. Other evidence needed when proving a wrongful death claim include the overall health, age, life expectancy, earning capacity and number of dependents of the victim.

Alberta

A wrongful death claim in Alberta is a hugely simplified process compared to other provinces. Survivors don’t have to prove their grief, compensation can be paid out automatically and damages claimed without providing evidence. Spouses, children and parents can make claims.

Quebec

The potential remedies for a wrongful death claim in Quebec include direct action by the victims heirs and action brought by other affected or related parties. In every case, any damage claims have to be successfully proven in court. A claim by the victims heirs can be brought about at anytime between the incident and their death. This can include expenses reimbursement and pain and suffering indemnity.

Manitoba

Wrongful death claims in Manitoba require analyses of 4 distinct components including claimants identities, current legislation, judicial principle assessment and awards quantum. Claimants can include spouses, including common law, parents, step-parents, children, grandchildren and grandparents. These family members have the legal rights to file a claim that includes loss of companionship, care and guidance.

This is just a very brief overview and should only be used as a guideline. If you make an unlawful death claim in Canada your lawyer will guide you through the process and give you all the pertinent information.