Family Law Claims

When you sustain a personal injury from a car accident, slip and fall or other accident, your injury can be detrimental to your normal lifestyle. However, those close to you may also be gravely impacted due to an injury that you sustained, despite them not being physically injured. It is because of this, that close family members have the option to bring forth a claim under the Family Law Act (FLA) to receive compensation for what they too have been put through because of their loved one’s injury from a car accident, slip and fall or other accident.

For instance, if you are in a car accident and suffer an injury which results in chronic pain, you may not have the same abilities as you once had.  In this example, your spouse may be required to take on extra responsibilities within the home. Additionally, your relationship may suffer or change due to the injuries you sustained in the car accident. If this is the case, your spouse would be able to make a claim under section 61 of the FLA, which can be summarized as follows: This section allows a spouse, children, grandchildren, parents, grandparents, brothers and sisters of the person injured to recover damages for expenses incurred by them for their loved one’s injury, travel expenses, housekeeping and nursing services and compensation for the loss of guidance, care and companionship that the claimant might reasonably have expected to receive from the person with the injury, if the injury from the accident had not occurred.

In the recent case of Lee v. Toronto District School Board, et al. 2013 ONSC 3085 (CanLII), a little boy was severely injured in a school ground accident by another child. The boy’s parents and sister claimed under the family law act for 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 from the accident had not occurred. The judge fixed the damages for the claimants at $50,000.00 for each parent and $30,000.00 for the sister.

Another example of an FLA claim occurs in the 2009 case of Degenarro v. Oakville Trafalgar Memorial Hospital. The plaintiff suffered an injury after an accident in a hospital was caused by a faulty bed. Her condition caused stressed in her marriage and relationships with her children which were unlikely to improve. The plaintiff’s husband was awarded $65,000.00 and her two sons were awarded $25,000.00 each for loss of guidance, care and companionship

Loss of guidance, care and companionship can mean the loss of contribution that the loved one that sustained the injury in an accident can no longer provide. It could also mean that the loved one’s relationships with his or her spouse and children have been negatively impacted. Perhaps a spouse can no longer be intimate with their partner, or a mother can no longer be attentive to their child; these are both examples of circumstances that may warrant an FLA claim. If you have questions about what your options are due to a personal injury that has befallen you or a loved one from an accident, do not hesitate to contact our personal injury law firm about your legal rights and your family members’ legal rights.

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