Losing someone you love is hard enough. Finding out their death could’ve been prevented makes it so much worse. If someone else’s negligence, carelessness, or recklessness took your loved one from you, you don’t have to face the legal system alone.
As a trusted wrongful death lawyer in Toronto, Reyes Tam Law helps grieving families understand their rights, hold the responsible party accountable, and pursue the compensation they need to move forward. We know no settlement brings your loved one back.
But it can cover the funeral costs, the lost income, and the future your family counted on. Wondering if you even have a case? Schedule your free consultation with Reyes Tam Law, and we’ll talk it through together.
How Is a Wrongful Death Claim Different from a Criminal Case?
A lot of families assume that if the police laid charges, their job is done. It isn’t. A criminal case and a civil wrongful death claim are two completely separate processes, and one doesn’t cancel out the other.
The criminal case is about punishing the person responsible. It’s handled by the Crown, not by you, and even a conviction doesn’t put a dollar in your family’s pocket. A wrongful death claim, on the other hand, is a civil lawsuit filed by your family seeking financial compensation for your loss.
And here’s the part most people don’t know: you can pursue a wrongful death claim whether or not criminal charges are ever filed, and regardless of the outcome of that criminal case. A lower burden of proof applies in civil court, so a case that doesn’t result in a criminal conviction can still succeed as a civil claim. As your Toronto wrongful death lawyer, we handle the civil side while you focus on your family.
Who Can File a Wrongful Death Claim in Toronto?
Ontario law doesn’t let just anyone file a wrongful death claim. Under the Family Law Act, only certain family members qualify, including spouses, children, parents, grandparents, grandchildren, and siblings of the person who died.
This is usually referred to as an FLA claim, and it lets eligible family members seek compensation for their own losses, like the loss of care, guidance, and companionship they would’ve received from their loved one.
But there’s a second track worth knowing about, too. The deceased’s estate can also bring a separate claim under the Trustee Act, covering things like the person’s pain and suffering before death, medical costs, and other losses the estate itself absorbed. Most families don’t realize these are two distinct legal actions that can run side by side. A knowledgeable Toronto wrongful death lawyer will help you figure out which claims your family qualifies for, and pursue both where it makes sense.
What Compensation Can Families Recover?
Every wrongful death case looks different, but the damages typically fall into a few key categories:
- Loss of care, guidance, and companionship – compensation for the relationship and support your family lost
- Funeral and burial expenses – reimbursement for costs your family shouldn’t have had to bear
- Loss of financial dependency – covering income your loved one would’ve contributed to the household
- Grief counselling and therapy costs – support for the emotional toll on surviving family members
- Estate damages – medical expenses and pain and suffering the deceased experienced before passing
Some of these damages go to the family directly, and some flow through the estate. That’s exactly why the claim needs to be structured correctly from day one. Get it wrong, and your family could leave money on the table that you’re legally entitled to.
Common Causes of Wrongful Death Cases We Handle
Wrongful death claims can arise out of almost any type of negligence. At Reyes Tam Law, we regularly represent families whose loved ones died because of:
- Car, motorcycle, or trucking accidents caused by a negligent driver
- Medical malpractice, including surgical errors and misdiagnosis
- Nursing home and long-term care facility neglect
- Workplace accidents caused by unsafe conditions
- Defective products or equipment failures
- Pedestrian and cyclist accidents involving distracted or impaired drivers
If your loved one’s death doesn’t fit neatly into one of these categories, reach out anyway. If negligence played a role, you likely have grounds for a claim, and we can tell you where you stand during your free consultation.
Why Choose Reyes Tam Law
You need a Toronto wrongful death lawyer who treats your family’s loss with the seriousness it deserves, not another number on a case list. At Reyes Tam Law, we take the time to understand your family’s specific situation, build a claim around the losses that matter most to you, and fight to make sure the responsible party is held accountable.
We work on a contingency basis, so you won’t pay a cent unless we recover compensation for your family. And you’ll have a direct line to your lawyer throughout the process, not a revolving door of case managers.
Losing a loved one is devastating enough without having to navigate the legal system on your own. Let Reyes Tam Law carry that weight for you.
Frequently Asked Questions
Does a common-law spouse qualify to file a wrongful death claim?
Yes. Ontario’s Family Law Act recognizes common-law spouses as eligible claimants, provided the relationship meets the legal definition of a conjugal relationship of some permanence. You don’t need to have been legally married to seek compensation for your loss.
Can minor children file or benefit from a wrongful death claim?
Yes. Children of any age, including minors, can claim compensation for loss of care, guidance, and companionship. A litigation guardian, usually a surviving parent or family member, manages the claim on the child’s behalf until they reach adulthood.
Will my wrongful death case go to trial, or does it usually settle?
Most wrongful death claims settle out of court through negotiation with the at-fault party’s insurer. Trial becomes necessary only when a fair settlement can’t be reached. Your lawyer will pursue the fastest route to compensation without accepting a lowball offer.