The impact of a serious personal injury extends to the victim’s family members. An injured person may no longer be able to work and provide income, or may require ongoing care from relatives. Furthermore, their relationship with family members can be altered by severe physical and emotional injuries. In Ontario, the Family Law Act allows close family members to bring civil claims if their relative is serious hurt or killed as the result of negligence.
What types of claims can be brought under the Family Law Act?
When someone is injured as the result of another person’s negligence, they can bring a civil claim to recover damages. The Family Law Act allows their close family to also sue the negligent party for their losses, and claim compensation for some of the impact the injury has had on their lives.
These claims may include damages for any expenses incurred by an eligible family member, such as travel expenses to visit their loved one at hospital or rehabilitation, any out of pocket medical or treatment costs, compensation for caregiving or housekeeping services, lost income, and any other expenses reasonably incurred in caring for their injured loved one.
In addition to these damages, and in the event of extremely serious injuries or death, family members may also claim damages for the loss of “guidance, care and companionship” from their relative. The amount of damages is very fact specific, and determined by considering the relationship in question, and the loss to the claimant.
Who can make a claim under the Family Law Act?
Family Law Act claims are restricted to close family members, including spouses, parents, children, grandparents, grandchildren and siblings, including half or step siblings. It also encompasses common law spouses and couples with children.
Dedicated personal injury advice for the family members of accident victims
The personal and financial repercussions of a serious injury impact family members as well. At Jasmine Daya & Co., we have over four decades of experience assisting the victims of negligence, and their families, in their fight for compensation.
If someone close to you has been seriously injured, we can help you determine if you have a Family Law Act claim for compensation. Contact us online, or by calling our office at 416-967-9100. We offer free consultations to all new clients.