If you were to die because a texting driver ran you down or a surgeon left a scalpel behind after an operation, what compensation would the courts award your loved ones? Before any payment for a wrongful death, the surviving spouse, adult children or estate has to prove the death was due to negligence and that damages resulted. The death of someone in, or near, retirement, does not result in significant lost earnings, so courts award small financial damages. Courts can award damages for other non-financial losses (called non-pecuniary losses), but the amounts vary between provinces and are generally small to inconsequential. When a wrongful death case is proven in court, damages should be awarded to the survivors or the estate for the loss of enjoyment of that individual’s golden years.

Source: National Post October 10, 2017 00:45 UTC