Family Law Act Damages For Fatal Accidents

Lerners LLP


Lerners LLP is one of Southwestern Ontario’s largest law firms with offices in London, Toronto, Waterloo Region, and Strathroy. Ours is a history of over 90 years of successful client service and representation. Today we are more than 140 exceptionally skilled lawyers with abundant experience in litigation and dispute resolution(including class actions, appeals, and arbitration/mediation,) corporate/commercial law, health law, insurance law, real estate, employment law, personal injury and family law.
As an Ontario personal injury lawyer, I have the profound responsibility of supporting families who have lost their loved ones in tragic accidents.
Canada Family and Matrimonial
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As an Ontario personal injury lawyer, I have the profound responsibility of supporting families who have lost their loved ones in tragic accidents. In this difficult journey, it's essential to understand the legal avenues available to seek justice and compensation.

Today, I'll discuss Family Law Act damages in the context of fatal accidents in Ontario.


When a fatal accident occurs, the impact on the victim's family is immeasurable. Grief, loss, and emotional suffering are overwhelming. However, it's vital to be aware that Ontario's legal system provides a path to secure compensation for family members through the Family Law Act.

The Family Law Act allows certain family members to claim damages for the loss of care, guidance, and companionship resulting from a fatal accident.

These damages are separate from any claims related to the victim's estate and focus on the emotional and psychological toll endured by surviving family members. In a sense, it is a type of personal injury claim.


1. Dependency Claims: Dependent family members, such as spouses, children, and parents, can seek compensation for the loss of financial support that the deceased would have provided. This includes the loss of household services, financial contributions, and any other form of support.

For example, imagine a scenario where a spouse and two children lose their primary breadwinner in a fatal accident. In such cases, the Family Law Act damages may involve compensation for the loss of financial support the deceased would have contributed to the household.

Awards in such cases can vary widely based on factors like the deceased's income, the age of dependents, and their financial needs.

2. Non-Dependency Claims: Even if a family member was not financially dependent on the deceased, they can still seek compensation for the loss of care, guidance, and companionship. This acknowledges the profound emotional impact of losing a loved one and the loss on one's life trajectory without them.

For example, in a situation where an adult child loses a parent in a fatal accident (and they were not financially dependent on the deceased) the damages would focus on the interpersonal relationship losses.

Awards in non-dependency cases are generally more modest than those involving financial dependency but are equally vital in recognizing the impact of the loss.

Navigating the aftermath of a fatal accident is emotionally devastating, and seeking compensation through the Family Law Act can provide relief. It's important to work with an experienced personal injury lawyer who understands the complexities of this area of law.

Over my own career, I have helped numerous families recover damages for their losses arising from wrongful death.

While no amount of compensation can ever truly replace a lost loved one, these damages acknowledge the very personal and emotional losses endured by the surviving family members. They serve as a means of seeking justice and ensuring that the memory of the departed is honoured.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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