Wrongful Deaths
Wissenz Law

Wrongful Death FAQs: What To Do When Your Loved One Has Passed Away As The Result of Someone’s Negligence

The unexpected loss of a loved one can cause severe emotional and financial hardship. A successful wrongful death lawsuit may result in compensation for the deceased’s spouse and close family, such as children, parents, and siblings. 

Did your loved one died because of a vehicle crash, a fall, a faulty product, medical treatment gone very wrong, or by some other means? First of all, you have our sincere condolences. Let us meet with you to review the circumstances and discuss the possibility of moving forward with litigation.



A wrongful death has occurred when it is the result of someone else’s negligence.

For example, if your loved one has died due to their employer’s lack of workplace safety standards or due to the hazardous environment that someone has created, then it is considered to be a Wrongful Death. If someone is to be blamed for creating the conditions under which your loved one has been killed, either through fault or by negligence, then you can file a claim for Wrongful Death.

Can I sue for Wrongful Death in Canada?

Yes. The deceased’s family members can file a Wrongful Death claim to recover both “pecuniary” and “non-pecuniary” damages within two years after the death has occurred. This means that a Wrongful Death claim in Ontario, Canada, can result in monetary compensation both for financial losses incurred (like funeral costs and lost wages) as well as for losses that are not generally considered quantifiable, such as pain and suffering.

How long do I have to file a Wrongful Death claim after my loved one has passed?

You must file a Wrongful Death claim in court within two years after the death of your family member.

If your loved one’s death could have been prevented, but for the action or failure to act of some other person or persons, you may be entitled to compensation to assist with the financial and emotional fall out. Wissenz Law will make sure you receive all you are eligible and entitled to receive. Don’t put off that call as Limitation and Notice Periods may bar an action if missed.

What are the most common causes of Wrongful Death in Canada?

The most common types of Wrongful Death claims made in Canada are the result of one or more of the following scenarios:

  • Motor Vehicle Accidents
  • Pedestrian and Bicycle Accidents
  • Premise Liability Accidents
  • Medical Malpractice
  • Accidental Poisoning and Overdoses
  • Drowning or Boating Accidents
  • Workplace Accidents and Illnesses

Limitation Periods and Notice Periods

  • In most cases, in Ontario, the basic limitation period is 2 years. That is, a claimant has up to 2 years from the day their claim is discovered to have a Statement of Claim issued in Ontario courts.
  • That said, there are much shorter notice periods that may be critical to the success of your law suit.
  • Don’t delay in reaching out to discuss the circumstances of your potential claim. The more you know, and the earlier you know it, the better prepared you will be to protect your rights, should a law suit become necessary.
  • Many different laws, regulations and procedures govern the issuing of a Statement of Claim or commencement of an action in Ontario.
  • Complying with relevant limitation and notice periods is critical to your ability to successfully claim against an at-fault party.  For the most part, a lawsuit issued after the expiration of a limitation period has passed will be dismissed.