Losing someone you love in a motor vehicle accident is an unimaginable tragedy. No words can ease that pain, and it is natural to feel lost in the aftermath. While no legal process can replace your loved one, a claim can help ease financial burdens, bring accountability, and provide a sense of justice and closure. For many families, this can be an important step toward healing.
At Howie, Sacks & Henry LLP, we understand that your priority is caring for yourself and your loved ones. The last thing anyone wants to deal with during such a difficult time is paperwork and insurance forms. Our role is to handle those details for you – to protect your rights, guide you through available benefits, and ensure you are not facing this process alone.
Understanding Your Rights: Two Avenues for Compensation
In Ontario, there are two main types of claims available to families after a fatal car accident:
- Accident Benefits (through auto insurance)
- Tort Claim or Wrongful Death Claims (against the at-fault party or parties)
Understanding both helps you make informed decisions about what support is available.
Accident Benefits: Immediate Financial Support
Accident Benefits are available regardless of who was at fault. They are paid through Ontario’s auto insurance system and may apply whether your loved one was a driver, passenger, cyclist, or pedestrian.
You may be entitled to benefits such as:
- Funeral expenses: Up to $6,000 (or more if additional coverage was purchased)
- Death benefits: Lump-sum payments to surviving spouses and dependents (e.g., $25,000 to a spouse and $10,000 to each dependent)
- Counselling expenses: Coverage for reasonable grief counselling costs
These benefits can provide immediate financial relief while longer-term claims are being resolved.
Tort or Wrongful Death Claims: Seeking Accountability and Compensation
In addition to Accident Benefits, certain family members – including spouses, children, grandchildren, parents, grandparents, and siblings – may bring a wrongful death claim under Ontario’s Family Law Act against the at-fault driver or vehicle owner.
Damages may include:
- Loss of care, guidance, and companionship
- Loss of financial support
- Loss of household services
- Funeral or related expenses
Each case is unique, and compensation depends on your relationship to the deceased, the specific circumstances, and the availability of insurance coverage.
While Accident Benefits may be processed within weeks, wrongful death claims often take longer to resolve, depending on the complexity of the case.
Our team will gather evidence, assess your losses, negotiate with insurers, and guide you every step of the way – ensuring your family is informed, supported, and treated with compassion throughout.
Even if insurance coverage or eligibility seems uncertain, options such as the Motor Vehicle Accident Claims Fund may still be available. It is always worth asking about your rights – we can help identify every possible path forward.
Support Resources for Grieving Families
Legal help is only one part of the recovery process. Emotional support is equally important.
In addition to counselling available through Accident Benefits, many organizations offer compassionate, accessible grief resources:
- Bereaved Families of Ontario – Local peer support and programs
- Canadian Grief Alliance – National resources and referrals
- Local hospices and hospitals – Often provide counselling and support groups
Hope Starts Here
At Howie, Sacks & Henry LLP, we approach every fatal accident claim with empathy, diligence, and respect, keeping your family’s well-being at the centre of everything we do.
If you have lost a loved one in a motor vehicle accident in Ontario, we are here to listen, guide, and help you understand your options. When you are ready, contact Brad Moscato at 416-646-7655 or anytime for a confidential, free consultation.
We are here to help you find a way forward.
