It is one of everyone’s worst fears – learning that a family member has been seriously injured or killed in an accident. You feel helpless and likely have no idea what steps you have to take to ensure everything is handled correctly. As a family member, you may be eligible for compensation based on how the accident has impacted you. Getting a personal injury lawyer is one of the smartest steps you can take, to make sure the case is handled properly.
Personal Injury
An accident can happen in a split second, but sometimes the damage stays with us forever. If a loved one is injured or killed because of someone else’s negligence you need to know how to proceed in order to get the compensation you rightfully deserve. A personal injury can be caused by a number of things such as: an automobile accident, snowmobile accident, boating accident, a slip and fall, cycling accident, a hit and run and more.
A lot of people know that the victim is able to file a personal injury claim in order to receive compensation to cover their loss of income, medical expenses and more as a result of the accident. However, when someone is injured, it’s always more than just the victim that’s impacted. The family (dependents) of the victim has a right to claim for damages as a result of the accident as well.
Who can claim damages?
So who is considered “family”? Well, under the Family Law Act: the spouse, children, grandchildren, parents, grandparents, brothers and sisters of the person injured are entitled to recover their pecuniary loss resulting from the injury or death of the victim.
Damages you can claim
What you are entitled to is based on many factors specific to your case, but here are a few different things shown in the Family Law Act that the dependents may be able to claim.
- Actual expenses reasonably incurred for the benefit of the person injured or killed;
- Actual funeral expenses reasonably incurred;
- A reasonable allowance for travel expenses actually incurred in visiting the personal during his or her treatment or recovery;
- Where, as a result of the injury, the claimant provides nursing, housekeeping or other services for the person, a reasonable allowance for loss of income or the value of services; and
- 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 or death had not occurred.
A personal injury lawyer will be able to look over your case and help you figure out what you are entitled to.
It’s already an incredibly stressful situation to be in, so when filing for damages it is in your best interest to have a personal injury lawyer help you with your case. They will make sure you are receiving your rightful compensation and let you know what is happening throughout the process. If a loved one, who you are dependent on, has been injured, then contact a personal injury lawyer today.
