Can Family Members Sue if a Loved One is Injured?
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      Accident Benefits

      Can Family Members Sue if a Loved One is Injured?

      Can Family Members Sue if a Loved One is Injured?

      If your family member has been seriously injured or died in an accident due to someone else’s recklessness, you are likely experiencing substantial stress. Although a lawsuit may be the last thing on your mind, it’s important to know that Ontario’s Family Law Act entitles you to sue for damages.

      Below, you’ll find out more about what you are entitled to after your loss and how to get the legal guidance you need to move forward.

      Work with an Experienced Lawyer

      Because these types of cases are quite complex, it is best to contact an Accident Benefits Lawyer as soon as possible after the accident to make sure you understand your legal rights.

      Understanding the Family Law Act

      The Family Law Act, Section 61(2) explains that family members can sue for damages in several scenarios.

      First, you can sue for any expenses incurred for the deceased person’s benefit. This includes reasonably incurred funeral expenses and travel expenses for visits during the victim’s care and treatment.

      You can also sue if you provided housekeeping or nursing services for the family member, including the value of your services as well as the loss of income. If the deceased person provided you with care, companionship or guidance prior to their death, you can also be compensated for this. To make sure you fully understand the law, working with a lawyer is a good step to take.

      Although it is impossible to remedy the pain of losing a loved one, recovering monetary losses from the death can sometimes make it easier for you to move forward after your loss.

      Although it can be difficult to seek legal assistance immediately after an accident, it is important to find a lawyer that can help guide you through the legal process and understand your legal rights. Even if you are unsure whether you will sue, meeting with a lawyer can give you valuable insight into your case.

      Now that you’ve learned about the benefits you may be entitled to after the death of a loved one, find out more by downloading our free personal injury recovery kit or contact us for a free consultation.

      Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.