Search survival actions, dependency claims, damages, limitation periods, estate claims, and more — backed by real case law.
Wrongful death claims involve overlapping provincial statutes, estate law, and deeply personal family losses that courts must quantify — Casey searches millions of court decisions to surface verified case law on dependency claims, survival actions, and damages.
Wrongful death claims involve overlapping provincial statutes, estate law, and deeply personal family losses that courts must quantify — Casey searches millions of court decisions to surface verified case law on dependency claims, survival actions, and damages.
Real Scenarios
1
Family Dependency Claims
Provincial family law statutes allow dependants of a deceased person to claim compensation for the loss of financial support, care, guidance, and companionship. Courts assess the nature and extent of the dependency relationship.
Prompt:
“What damages have courts awarded to dependent children in wrongful death claims in Ontario?”
Casey returns decisions detailing how courts calculated loss of guidance, care, and companionship for dependent children, including the factors that influenced higher or lower awards based on the parent's involvement.
2
Survival Actions by the Estate
The estate of the deceased can pursue claims that the deceased would have had if they survived, including pain and suffering experienced between the injury and death. These claims are separate from dependency claims.
Prompt:
“What cases discuss survival action damages for pain and suffering experienced before death?”
Casey surfaces decisions analyzing the duration of conscious suffering, medical evidence of awareness, and how courts awarded general damages to estates for the deceased's pre-death pain and suffering.
3
Loss of Future Income
Dependants can claim the lost income the deceased would have earned and contributed to the family. Courts must project future earnings, accounting for career trajectory, contingencies, and the portion of income that would have benefited dependants.
Prompt:
“How do courts calculate loss of future income in wrongful death cases for a deceased breadwinner?”
Casey retrieves decisions examining income projection methodologies, contingency deductions, tax adjustments, and how courts estimated the share of the deceased's income that would have flowed to surviving dependants.
4
Limitation Periods for Death Claims
Limitation periods for wrongful death claims can be complex, with different timelines applying to the estate claim, the dependency claim, and any underlying tort claim. Missing these deadlines can permanently bar recovery.
Prompt:
“What limitation periods apply to wrongful death claims under provincial legislation in Canada?”
Casey returns decisions interpreting limitation period provisions for wrongful death, including when the clock starts, whether discoverability applies, and how courts handled cases where deadlines were missed or disputed.
5
Funeral and Estate Expenses
The estate can recover reasonable funeral and burial costs as well as expenses related to administering the claim. Courts assess what expenses are reasonable and necessary in the circumstances of each case.
Prompt:
“What funeral and estate expenses are recoverable in wrongful death claims in Canada?”
Casey surfaces decisions itemizing recoverable funeral costs, probate expenses, and estate administration fees, showing how courts distinguished between reasonable expenses and those considered excessive or unnecessary.
6
Contributory Negligence of Deceased
If the deceased was partly at fault for the events that led to their death, courts reduce the damages available to the estate and dependants accordingly. This can significantly affect the total compensation received by the family.
Prompt:
“How do courts apply contributory negligence when the deceased was partly at fault for their death?”
Casey returns decisions where courts reduced wrongful death damages due to the deceased's contributory negligence, showing how fault percentages were determined and their impact on both estate and dependency claims.
Real Scenarios
Provincial family law statutes allow dependants of a deceased person to claim compensation for the loss of financial support, care, guidance, and companionship. Courts assess the nature and extent of the dependency relationship.
Prompt:
“What damages have courts awarded to dependent children in wrongful death claims in Ontario?”
Casey returns decisions detailing how courts calculated loss of guidance, care, and companionship for dependent children, including the factors that influenced higher or lower awards based on the parent's involvement.
In most Canadian provinces, wrongful death claims must be brought within two years of the death — but the estate and dependency claims may have separate limitation periods, and failing to obtain a certificate of appointment of estate trustee can delay the process.
Ask Casey your question and get answers backed by real case law — free for the public, powerful for professionals.