Wrongful Death

While all personal injury cases are likely to be traumatic for victims and loved ones, there are few cases that leave as much grief and heartache in their wake as those that result in a wrongful death. Family members and friends of the deceased are likely to struggle deeply with the sudden loss of a loved one, and that emotional trauma is only compounded if the death also leads to a loss of income formerly provided by the loved one. People should not have to cope alone with the wrongful death of someone they loved, and holding the negligent party accountable can at least help relieve the financial burden of the loss. Due to the seriousness of a wrongful death claim, it is necessary to seek the guidance of a qualified personal injury lawyer from Diamond & Diamond when pursuing such a claim.

We have representation across Ontario, including.

Important Things to Know About Wrongful Death

In most cases, wrongful death claims stem from a motor vehicle accident in which the other driver was behaving recklessly or negligently, such as by disobeying traffic rules, fleeing the scene of the incident, or driving while under the influence of alcohol or narcotics. In some cases, another third-party may be held liable, such as a property owner or municipality that failed to make the scene of the accident safe for drivers or pedestrians. Wrongful death incidents are not exclusive to car crashes, however, and other types of accidents, like those involving product defects, or slip and fall accidents can also lead to death.

The compensation family members and loved ones of the deceased are entitled to often include the loss of income that would have otherwise been provided by the victim. Additionally, depending on the nature of the accident, there may be numerous medical bills that those left behind will have to contend with. Other types of compensation for loss of companionship, funeral expenses, and loss of help around the house are also considered in a wrongful death claim.

Those seeking a wrongful death claim will have a number of legal options open to them, including insurance claims and holding the at fault parties responsible. Insurers often put up difficult roadblocks to making a successful claim, and at fault parties may also have the resources to hire legal representation to fight against liability. Because wrongful death claims may involve numerous parties, many of which are likely to deny their responsibility in a loved one’s death, it is imperative to seek highly experienced legal representation. A lawyer who is well-versed in wrongful death claims will know what to expect from the other parties involved and can guide the client through how best to pursue a claim. Such a lawyer will also be able to educate the client on what liability issues are at stake in a specific case, especially since liability can often extend beyond the parties who were directly involved in an accident. In order to get the fullest compensation, consulting with a personal injury lawyer will be an important step to take following an incident that results in a wrongful death. If you’re filing a wrongful death claim, Diamond & Diamond can help you.

FAQ About Wrongful Death

Is wrongful death civil or criminal?

A wrongful death lawsuit is considered a civil action. However, there may be criminal prosecution.

Who can sue for wrongful death?

The deceased’s immediate family can sue for wrongful death. That includes the deceased’s spouse, children, parents and siblings.

Is there a time limit to file a wrongful death suit?

An immediate family member generally has two years after the deceased has passed away to file a wrongful death lawsuit.


Recent Case Results


Brain Injury

Bicycle Accident settled without the need for Trial.



Accident Benefits

Head on Collision settled without the need for a tribunal hearing.


$1.0 Million

Motor Vehicle Accident

Serious motor vehicle accident. Our paralegals were able to obtain settlement with accident benefits insurer without involving the Tribunal.


Free consults and contingency fee arrangements apply to all personal injury cases only and to select wrongful dismissal cases, but do not apply to other types of commercial and civil litigation.


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