Losing someone you love because of another person’s actions or negligence is devastating. On top of the grief, many families face financial strain and legal uncertainty. If you’re wondering who gets the money in a wrongful death lawsuit, or how to even start, this guide walks you through your rights in Ontario in 2025.
In Ontario, wrongful death claims fall under the Family Law Act. Only certain family members are eligible to sue, including:
Extended relatives, such as cousins or friends, cannot sue — even if they were very close to the person. In rare cases, courts may look at financial dependency, but the law is clear on who qualifies.
If you’re unsure where you stand, a wrongful death lawyer in Ontario can confirm your eligibility and guide you on the next steps.
Many people ask, how much can you sue for wrongful death? The answer depends on the losses you and your family have suffered. In Ontario, you may be able to claim for:
Courts look at each case individually, so amounts vary. For example, wrongful death settlements may be higher when the deceased was the primary earner or had young children dependent on them.
If your claim is successful, the settlement is usually paid in one of two ways:
The court ensures funds are divided fairly among eligible family members. This is why who gets the money in a wrongful death lawsuit is determined based on Ontario’s legal framework, not personal preference.
Under Ontario law, families generally have two years from the date of death to file a wrongful death lawsuit. This is called the limitation period. Missing the deadline can mean losing your right to sue, no matter how strong your case is.
In some situations — for example, when the cause of death wasn’t immediately clear — the clock starts when you “discover” that negligence was involved.
No amount of money can replace a loved one. But a claim can help reduce the financial stress that often comes after an unexpected loss. Many families also find that holding the responsible party accountable brings a sense of closure.
Grief counselling, community support groups, and therapy can be vital during this time. We have a variety of resources that we can connect you with to further support you through this period, alongside handling the legal work.
In 2025, there’s a growing focus on protecting vulnerable people — especially in areas like nursing home negligence and fatal accidents caused by impaired or distracted driving. Courts are also recognizing the lasting emotional impact on surviving family members when determining damages.
If you’re navigating this process now, it’s worth speaking to a lawyer at Gosai Law who is up to date with the latest case law and understands how these trends could affect your claim.
If you’ve lost someone due to negligence or wrongful actions, you have the right to explore a claim. Whether you’re asking how you prove wrongful death or what damages are awarded in a wrongful death lawsuit, professional legal guidance can make the process clearer and give your family the support it needs during an incredibly difficult time.
Contact us today and let us help you move forward.
