My Injury Has Affected My Family, Do They Have A Claim?

Monday, May 9, 2011

Family Law Act Claimants

Pursuant to the provisions of the Ontario's Family Law Act, various relatives of yours, have the right to advance claims for their financial losses, as well as their losses of care, guidance, and companionship, suffered as a result of your injuries.  The law says the following:

Right of dependants to sue in tort

61. (1) If a person is injured or killed by the fault or neglect of another under circumstances where the person is entitled to recover damages, or would have been entitled if not killed, the spouse, as defined in Part III (Support Obligations), children, grandchildren, parents, grandparents, brothers and sisters of the person are entitled to recover their pecuniary loss resulting from the injury or death from the person from whom the person injured or killed is entitled to recover or would have been entitled if not killed, and to maintain an action for the purpose in a court of competent jurisdiction. R.S.O. 1990, c. F.3, s. 61 (1); 1999, c. 6, s. 25 (25); 2005, c. 5, s. 27 (28).

Damages in case of injury

(2)  The damages recoverable in a claim under subsection (1) may include,

(a) actual expenses reasonably incurred for the benefit of the person injured or killed;

(b) actual funeral expenses reasonably incurred;

(c) a reasonable allowance for travel expenses actually incurred in visiting the person during his or her treatment or recovery;

(d) where, as a result of the injury, the claimant provides nursing, housekeeping or other services for the person, a reasonable allowance for loss of income or the value of the services; and

(e) an amount to compensate for the loss of guidance, care and companionship that the claimant might reasonably have expected to receive from the person if the injury or death had not occurred. R.S.O. 1990, c. F.3, s. 61 (2).

If the injury to the principal party was due to a car accident the non-financial claims of family members are subject to a deductible, which at present is $15,000.00 unless it involves a fatality.  

Family members that wish to pursue a claim will be required to attend meetings, examinations for discovery and court proceedings and may have to take several days off work. 

Not all family members should be included in a claim.  There are advantages and disadvantages that must be discussed and examined in person with our legal team.  Call today to find out how our Personal Injury Team of lawyers can assist in obtaining compensation for the entire family!!!

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