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.