Your mother, father, sister, brother or child has been seriously injured in a motor vehicle and you are providing care and assistance to him or her. If you have had to take time off work to do so, you are entitled to make a claim for your lost salary via the no fault accident benefits program. You may also have a claim under the Family Law Act for the loss of care, guidance and companionship as a result of your family member’s injuries and disabilities which have affected your relationship as part of the civil suit otherwise known as the tort action.
Throughout the civil suit, we recommend that you keep records or document those special events or occasions that your injured family member cannot attend with you or for you as would be the case if they were not injured. It is common for family members to suffer anxiety or depression for many reasons as a result of the injuries of a loved one. Family dynamics change as a result of the injuries to a loved one. You may have to provide physical care. You may be stressed about the family finances as a result. The realities of your life with the injured may be overwhelming. We strongly recommend that you see your treating physician to discuss these issues, as well as consult with an accident lawyer to understand your rights. Your physical and mental health is of as much concern as the injured family member. If you do not take care of yourself you will not be able to care for the injured. When your injured family member undertakes a lawsuit you should contemplate whether you should be added to the claim.
