Can I make a Family Law Act claim?

When a loved one is injured in a motor vehicle accident, the individual is not the only person affected by the losses suffered.  Family members are also affected, whether it be because their loved one is no longer the same person, or the family members have take on new roles and support the accident victim both emotionally and physically. It is not uncommon for accident victims to express a change in their personality and feel depressed. These changes can be especially difficult on their spouse and can cause their relationship to become strained or break down completely.

So, what can be done in these situations?

Family members along with their loved ones have rights to pursue a claim for their losses.  Section 61(1) of the FLA states that spouses, siblings, children, grandchildren, parents and grandparents may be entitled to recover damages as a result of their family member’s injuries or death due to another person’s negligence. Those damages are claimable under five heads, including:

  1. expenses incurred for the benefit of the person injured or killed;
  2. funeral expenses;
  3. allowance for travel expenses incurred in visiting the injured person during their treatment or recovery;
  4. reasonable allowance for loss of income or the value of the services such as, nursing, housekeeping; and
  5. an amount to compensate for the loss of guidance, care and companionship.

When considering making a FLA claim, you should bear in mind that there is a deductible of $18,692.59 as of 2018 which is subject to annual inflationary increases. During your initial free consultation, the lawyer you meet with can help to determine the value of your claim so you can decide if pursuing your FLA claim is worthwhile.

If you have questions regarding the above, the lawyers at Virk Personal Injury Law would be happy to speak with you.