If your loved one was partially at fault for the accident that caused their death, your family can still sue for wrongful death in London under Ontario’s Negligence Act. Your final compensation will simply be reduced by the percentage of fault assigned to the deceased (known as contributory negligence).
When a tragic accident occurs in London-whether it is a collision on Oxford Street or a pedestrian accident at a busy intersection-liability is rarely 100% clear-cut. 📖 Often, insurance companies will immediately try to blame the victim, suggesting that they were speeding, distracted, or crossing outside of a designated crosswalk. Hearing that your deceased loved one is being blamed is incredibly distressing for a grieving family.
However, under Ontario law, shared blame does not erase the other party’s negligence. Ontario operates under a system of “contributory negligence.” This means that even if your family member made a mistake that contributed to the fatal accident, you still maintain the legal right to file a wrongful death lawsuit to secure compensation for your family’s financial and emotional losses.
Step-by-Step Process in London, Ontario
Handling a case with shared liability requires aggressive evidence gathering to protect the deceased’s reputation and maximize the family’s financial recovery. 📍 The civil litigation process will be managed through the Superior Court of Justice in Middlesex County.
Step 1: Understand How Contributory Negligence Works
The first step is understanding the math behind shared liability. If a judge or mediator determines that the total compensation for your family’s lost income and companionship is $500,000 CAD, they must then assign a percentage of fault to both parties.
If the court decides the other driver was 80% at fault for running a red light, but your loved one was 20% at fault for slightly exceeding the speed limit, your family’s final award is simply reduced by 20%. 💵 In this scenario, your family would receive $400,000 CAD. It is rarely an “all or nothing” situation in Canada.
Step 2: Hire Independent Accident Reconstruction Experts
Because the at-fault driver’s insurance company will fight hard to push as much blame onto the deceased as possible, you cannot rely solely on the initial police report. While the London Police Service does excellent work, they investigate to determine criminal charges, not civil liability percentages.
Your local personal injury law firm will likely hire independent forensic engineers and accident reconstruction specialists. 🔍 These experts will analyze skid marks, vehicle black box data (EDR), and intersection traffic camera footage to build a scientific argument that minimizes your loved one’s percentage of fault.
Step 3: Negotiate the Liability Split
Once your lawyers have filed the Statement of Claim and the expert reports are exchanged, the case usually moves to mediation. Here, both sides will aggressively negotiate the “split” of liability.
Your legal team will argue that the defendant’s actions were the primary cause of the fatality. 💼 Most of these contributory negligence cases reach a negotiated settlement out of court, agreeing on a specific percentage split rather than risking the unpredictable decision of a judge or jury.
How Much Does it Cost in London?
Fighting liability disputes requires robust expert evidence, which can increase the upfront cost of building the case. 💰 Here is what families can expect regarding expenses.
| Lawyer Retainer (Contingency) | $0 upfront (usually 25% – 33% of the final settlement) |
| Court Filing Fee (Statement of Claim) | $243 CAD |
| Accident Reconstruction Engineer | $3,000 – $10,000+ CAD (funded by the law firm) |
| City of London Traffic Camera Footage | $50 – $150 CAD (Freedom of Information request) |
How Long Does the Process Take?
Because liability is heavily disputed, these cases generally take longer to resolve. ⌚ You should expect a timeline of 2 to 4 years. Gathering expert reports, waiting for the police to finalize their criminal investigation, and conducting discoveries all take significant time.
Frequently Asked Questions (FAQ)
What if the deceased was not wearing a seatbelt?
Failing to wear a seatbelt is a classic example of contributory negligence. In Ontario, this typically reduces the final compensation by 15% to 25%, depending on whether expert evidence proves a seatbelt would have prevented the fatality.
Can we still get SABS no-fault benefits if they were mostly at fault?
Yes, SABS benefits are “no-fault” and paid regardless of who caused the accident. However, under Ontario’s insurance reforms (O. Reg. 383/24) taking effect July 1, 2026, Death and Funeral benefits are no longer automatically included in the basic SABS package; they are optional add-ons. If this optional coverage was not purchased on the policy, no death or funeral benefits will be paid, regardless of fault.
What if the police ticketed the deceased before they passed?
A police ticket is not the final word in a civil lawsuit. Your law firm can still challenge the police’s findings using independent experts. Civil courts make their own independent determination of fault percentages.
What if my loved one was deemed 51% at fault?
Even if the deceased was found to be the primary cause (e.g., 60% at fault), your family can still recover the remaining 40% of the damages from the other partially negligent party.
Leave a Reply