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Legal Recourse for Families

Spouses and children suffer following the injury or death of a loved one. When a person is injured due to the negligence of another, families of the injured person may have legal recourse.

Ontario’s Family Law Act provides a legal mechanism for families to make a legal claim against the negligent party. Often referred to as a “FLA” claim, the family may seek damages for their own loss of care, guidance, and companionship. Spouses, parents, children, siblings, and grandparents all have rights to make a claim.

Your lawyer at Murray Ralston will advise you and / or the family regarding the persons who should make FLA claims. In some cases, it is advisable for family to avoid being a claimant. An FLA claimant will be required to attend at various proceedings throughout the course of the action including Examinations for Discovery and Trial.

Whether a person is injured in a car accident, a medical procedure, a slip and fall, or other accidental circumstances, certain family members will have an entitlement to make a claim.

In the case of the death of a child, spouse, or parent, the surviving family member may bring an action both for the estate of the deceased and a FLA claim.

* The information above is not intended to be legal advice. Each situation is different and the information provided above may not provide you with all law applicable to your facts. To ensure you are properly protected under the law applicable to your facts, please contact Murray Ralston Law for a free consultation.