What Are Family Law Act Damages? - Diamond and Diamond Lawyers
  • Monday, 30 March 2020

What Are Family Law Act Damages?

If you are curious about your rights and responsibilities under the Family Law Act, an attorney can help explain this to you so that you can be fully prepared for each phase of your case and can have an opportunity to have your questions answered, sooner rather than later. An injured person is not the only one who can claim damages after an accident caused by negligence.

What Is the Family Law Act?

The Family Law Act is a specific law that sets out guidelines for damages that arise from an injury that are sustained by a primary plaintiff. Personal injuries have far-reaching consequences for the victim and their family member, and Ontario law therefore recognizes the impact that injuries to a party have on his or her close family members.

While the vast majority of the Family Law Act is concerned with issues such as spousal support, child support, divorce, and marriage, part five of this act concerns the ability of certain family members of an injured party to sue another person whose negligent or intentional acts originally caused the injuries.

What Damages Are Available Under the Family Law Act?

If your loved one was critically hurt in an accident and you have questions about protecting your interests, you need to understand how the Family Law Act works. There are certain circumstances in which a family member can initiate a lawsuit like this, including if their family member was injured or killed and this incident was the fault of another person, and under circumstances the injured party is able to recover damages or would have been entitled to if not killed. The parties eligible to do this include a spouse, brothers and sisters, children and grandchildren, and parents and grandparents of the injured party.

Damages include actual expenses incurred for the injured person’s benefit, total funeral expenses reasonably incurred, an allowance for lost income, an amount to compensate for the loss of guidance and care, and a reasonable repayment for travel expenses paid out due to visiting the injured person during the recovery period.

Who Is Eligible to Make A Claim?

Immediate family members of the person who has been seriously injured or killed are eligible to bring a damages claim under the Family Law Act, and an attorney can assist with this process.

Consult Our Lawyers from Diamond and Diamond

At Diamond and Diamond we have worked on many cases in which a person is attempting to recover compensation under the Family Law Act in Canada. Contact us today to learn more about the process.

Family Law Act Damages FAQ

1: What is the Family Law Act in Canada?

The Family Law Act in Canada is primarily concerned with major issues of family law, but also references when family members have eligibility to bring a personal injury claim.

2: What is the purpose of the Family Law Act as it relates to personal injury payments?

The Family Law Act’s purpose is to help compensate family members of injured people who have been affected by those injuries.

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