When a loved one suffers a personal injury or passes away due to such injury, it is not only the direct victim who may face significant challenges. Family members can experience emotional, financial and practical burdens. In recognizing this, Part V of the Ontario Family Law Act grants certain family members the right to seek compensation when a loved one is personally injured. The family members include:
- Grandparents
- Parents
- Siblings
- Common law spouses
- Children
- Grandchildren
These individuals are entitled to claim damages to address the impact their loved one’s injury or death has caused them.
Family members may seek compensation for a variety of damages under the Family Law Act, including:
- Out-of-pocket Expenses: This covers any costs incurred for the benefit of the injured party. For example, if the family members paid for medical supplies or special equipment needed by the victim, they could claim these expenses.
- Funeral Expenses: In the unfortunate event of a death resulting from a personal injury, family members can claim compensation for the costs associated with the funeral and related services.
- Travel Expenses: If the family members incurred travel costs to visit their loved ones during their treatment and recovery following a personal injury, then those expenses are compensable. This can include transportation and accommodation.
- Lost Income: If the injury or death has resulted in a loss of income for the family members, their lost earnings can be recovered. This is intended to compensate for them having taken time off work to provide care or support for their loved one.
- Housekeeping and Home Maintenance Services: When an injured loved one requires assistance with household tasks or maintenance, and family members must pay for these services, then they can seek compensation for these incurred expenses.
- Loss of Guidance, Care and Companionship: Family members can claim compensation for the emotional and practical losses experienced due to the injury or death of their loved one. This would include loss of support, companionship and care of the injured or deceased person.
- Loss of Dependency: Family members can claim compensation for the loss of services that their loved one provided to them, such as child care, housekeeping, self-care, etc.
The Family Law Act acknowledges the significant impact that personal injuries and death can have on families, and allows the right to claim for damages beyond the immediate victims. If you find yourself in a situation where a loved one has sustained a personal injury or passed away due to such an injury, then it is imperative to understand your rights and types of compensation you may be entitled to claim.
If you have been involved in an incident causing you injury, it's always best to consult a professional lawyer who has experience arguing these types of claims to protect your interests. Please contact our team at JEWELL RADIMISIS JORGE LL.P for a free initial consultation at 1 (855) 546-2525.