Why You May Have to Sue a Family Member For Accident Benefits

December 24, 2020, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

When thinking of personal injury lawsuits you usually think of suing the driver of another vehicle, or another person in the case of negligence or carelessness. In Ontario though you may be filing a claim against a member of your family for damages under the Family Law Act.

The Ontario Family Law Act provides that certain members of the family of a person injured or killed in an accident may be entitled to sue for damages. The flowing dependents of an accident victim are entitled to sue for damages:

• Spouse
• Children
• Parents
• Grandchildren
• Siblings

The Act specifies the conditions under which a family member may sue for benefits and you will need to consult an experienced personal injury lawyer to determine your eligibility.

The damages that are recoverable under the Act are also well defined. The family member(s) of the victim may make a claim for the following reasons:

• Loss of guidance, care and companionship – the court can compensate for psychological harm and similar damages if your loved one is killed or their injuries affect your relationship. For example if your loved one was killed in a cycling accident you may sue them if their death left you emotionally harmed or in need of counselling. Children may be entitled to sue for loss of parental guidance.
• Money directly spent on behalf of the victim – for example medical equipment (a hospital bed) and related items that allowed your family member to live and recover at home.
• Funeral expenses paid towards the funeral of your loved one.
• Nursing expenses, and reasonable housekeeping expenses and other service provided by you to look after your loved one. If you had to take unpaid time off, give up your job, or lost your job due to the demands of providing the care you may sue to recover the lost income as well.
• Travel expenses directly incurred by you to visit your loved one while they were in the hospital or recovering from their accident.

A skilled personal injury lawyer will meet with you and assess your personal situation. If you have had a family member killed due to the negligence or conduct of someone else call today. Time limits for filing claims are clear and you don’t want to lose your chance to help secure your or your family’s future. At Deutschmann Personal Injury Law you can call us at 1.866.414.4878  or send us an online message and we will get back to you immediately for a free intial consultation. Don’t face your situation alone!

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.