Fatal car accidents are tragic events for families and communities. I’ve previously written about fatal accidents in the Ottawa Valley and when to call a personal injury lawyer about a fatal car accident. Nevertheless, you may wonder what these cases actually look like. Let me give you an example.
Tragic Fatal Car Accident – Loss of a Loved One
A close-knit family lost a loved one in a very serious car accident. Our team at Bergeron Clifford LLP acted for the entire family. We brought a wrongful death lawsuit against the at-fault driver on behalf of the:
- siblings
- parents
- grandparents
- estate of the deceased
In addition, we also advanced Accident Benefit Claims through the family’s own auto insurance policy on behalf of the family.
Legal Steps Taken After the Fatal Car Accident
Often times, car accident victims pass away without having a will. This was the case in this example as well. We worked closely with a trusted Ontario estate lawyer to get an Estate Trustee appointed for the deceased victim. This allowed the lawsuit to proceed on behalf of the estate.
In addition to the estate’s claims, section 61 of Ontario’s Family Law Act permitted the family members to bring independent claims for damages.
Our team gathered as much evidence as possible to prove the significant impact of the loss to the family members. In addition, we obtained a court order requiring the release of the complete police investigation file. This contained critical evidence regarding liability of the car accident.
Result for the Family Members After the Fatal Car Accident
The loss of a loved one does cause very real financial losses for the surviving family members left behind, such as:
- Loss of the deceased’s financial contributions toward household family bills and expenses;
- Loss of the deceased’s help with household chores and caregiving responsibilities;
- Loss of income of those still alive who go on to suffer severe depression or other mental health challenges because of the fatal car accident;
- Funeral expenses and estate administration legal costs; and
- Costs of counselling and therapy to cope with the loss.
While no amount of money can replace a lost loved one, our goal was to obtain a level of compensation for the family to lessen the financial burden.
We were able to settle this wrongful death lawsuit and Accident Benefits claim out of court. There was a fair and reasonable amount of compensation to assist with expenses occurred as a result of the fatality in the car accident.
Unfortunately, the legal process is not easy and it does take time. In this case, it required the family’s participation in discoveries. We were by their side throughout the entire process.
If you or your family has suffered a similar loss after a fatal car accident in Ontario, we would be pleased to assist you. Do not hesitate to contact myself or one of our other Personal Injury Lawyers for a free consultation.
