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What is the Family Member's Right in a Personal Injury Case?

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In case of personal injury, often, not just the victim, but the entire family is affected. One can never underestimate a family member's role in the life of their loved ones. If the victim cannot play their role in the family, or their role changes forever, the relatives are entitled to seek compensation according to the Ontario Family Law Act.

As a result of the injury the victim may suffer temporary or permanent disability, or, regretfully, it may result in death. For these cases, the size of damages claim may vary, however they are capped at $100,000 and in the case of non-fatalities, are subject to a $15,000 deductible.

The term used to describe the damage is “pecuniary” damage, which means, damages that can be estimated as direct financial loss. In case of personal injury cases are limited to these:

  • The direct expenses by an affected family member
  • The costs of care, housekeeping and medical expenses not covered by OHIP
  • Loss of wages incurred by a family member in the course of caring for an injured victim;
  • Travel expenses incurred for family members coming in from out of town to assist an injured victim;
  • In the case of a fatality, the loss of expected income that a family member could expect from a deceased accident victim;

  • Additionally, a Family Member could assert a claim for “non-pecuniary” damages, or damages that are not as a result of a direct financial loss. These can include:

  • Compensation for the loss of injured victim “guidance, care and companionship” as the result of the accident

  • Why Do You Need To Hire A Legal Company In A Personal Injury Case?

    It is very important to select the injury lawyer that will represent your interests if you are a family member of an injured person at an earlier stage.

    If your family is affected by substantial loss from a close family member injury, it is always a very emotionally and financially challenging time. You would focus on helping your loved one, and dealing with the consequences, instead of thinking about legal action. You simply want things to be back to normal as soon as possible.

    However noble it is, you should never forget how the situation affects you personally and hold the responsible people accountable. Unfortunately, the consequences of some injuries will never go away and may affect the families for many years to come.

    As time passes it gets more difficult to put together the case as some evidence might get lost or harder to prove, some aspects may be simply forgotten, or pass the time limitation.

    A Lawyer Specializing In Personal Injury Will:

  • Give you a realistic assessment of the case
  • Help to collect and look for evidence to be presented in court
  • Assist in assessing and recovering the pecuniary damages
  • Help to see all aspects of the case from a professional perspective
  • File the case and represent your interests

  • The better your case is presented, and filed with all relevant documentation, the more chances you will have for the successful ruling. Courts are regulating the procedures very strictly. No matter how clear cut your case might look, if the procedures of filing and obtaining the evidence are not followed, you will have little chance to win it.

    When Is It Important To Hire A Personal Injury Lawyer With Representation Across Ontario?

    Personal injury cases, unfortunately, might span across multiple locations. As it often happens with traffic accidents - the incident might happen on the highway somewhere in Waterloo, or Cambridge, you might live in Brampton, and your loved one can end up in the hospital somewhere in Toronto, or somewhere else in GTA.

    Once it comes to collecting documentation the mere time and distances may become prohibiting, and you might think of giving up. When the legal company that represents your interests offers legal representation across Ontario - in Toronto, Brampton, Kitchener, Cambridge, Waterloo, Hamilton, just to mention a few, it is much easier to collect all the required information.

    Sometimes, even the decision which city of Ontario or GTA to file the case might make a difference. (statement needs verification)

    If your family member suffered from an accident resulting in personal injury and it has affected you personally and other family members, you are entitled to the compensation you deserve. Choose the right Law Company with representation in Ontario to protect your interests and build a winning case.