When tragedy strikes, families are often left wondering: Should we file a wrongful death claim in Ontario or a personal injury claim in Ontario? While these terms are sometimes used interchangeably, Ontario law treats them very differently. Understanding the distinction is crucial to protecting your rights and ensuring your family receives the compensation it deserves.
A personal injury claim in Ontario arises when someone is injured due to another person’s negligence — for example, in a car accident, slip and fall, or medical malpractice. Compensation may include:
Here, the injured person is the one filing the claim. If successful, they receive the compensation themselves.
A wrongful death claim in Ontario applies when the injured person does not survive. In this case, family members may pursue damages under Ontario’s Family Law Act. Eligible family members include:
Compensation under a wrongful death lawsuit in Ontario can include:
The damages are awarded to the surviving family members, not the deceased.
Who files: In a personal injury lawsuit in Ontario, the injured person files. In a wrongful death lawsuit in Ontario, family members file.
Type of damages: Personal injury focuses on the victim’s suffering and expenses. Wrongful death focuses on the family’s financial and emotional loss.
Compensation process: In wrongful death, courts decide how to divide the settlement among eligible family members.
Time limits: Both generally have a two-year limitation period, but wrongful death claims can be more complex if the cause of death wasn’t immediately clear.
Ontario courts in 2025 have continued to emphasize the seriousness of wrongful death settlements in Ontario, particularly in cases involving nursing home negligence (reflecting Ontario’s aging population and new scrutiny on long-term care facilities).
Courts are also placing greater recognition on the emotional loss to surviving family members, not just financial support. This can increase potential compensation in wrongful death cases.
If your loved one survived but is facing life-altering injuries, a personal injury claim in Ontario is appropriate. If they tragically passed away due to negligence, a wrongful death claim in Ontario is the path forward.
Understanding the difference between wrongful death vs personal injury in Ontario ensures that your family pursues the right type of claim and avoids delays or missed deadlines.
Personal injury claims in general serve an important purpose: to hold negligent parties accountable and help the injured person recover compensation.
If you’re uncertain about whether you should file a personal injury claim or a wrongful death lawsuit in Ontario, consulting an experienced lawyer can make all the difference.
Contact us today and let us help you move forward.
