The ensuing content will provide information regarding family member claims and how a plaintiff’s actions or in actions can have an impact on their personal injury claim.  While 90% of these cases usually settle out of court, it is still advisable to hire the services of an experienced personal injury lawyer in Burlington and their team of legal assistants to represent you until a settlement is reached. The fact is that without an experienced lawyer an out of court settlement will never give you maximum compensation as the insurance company will low ball you in settling for less.

Family Member Claims

Pursuant to the Family Law Act (FLA) of Ontario Province, a family member is allowed to sue for any financial losses associated with the care, companionship, and guidance that they have suffered due to the plaintiff’s injuries.  Eligible family members of the plaintiff include:


      • brothers and sisters
      • grandchildren
      • grandparents
      • parents and children
      • spouses

According to the FLA, the following types of claims are recoverable in these types of personal injury cases:

    • Actual expenses that have been incurred for the injured or deceased individual
    • Compensation for the loss of care, companionship, and guidance that the claimant expected to receive had the person not been injured or passed away
    • Monetary reimbursement for the injured or deceased individual’s lost income
    • Reasonable allowance for lost income or the value of housekeeping, nursing, and other services
    • Reasonable travel expense reimbursement for those eligible family members who visit the injured individual while undergoing treatment and/or recovery
    • Reasonably incurred funeral expenses

While this will give you an idea of what the family members of the deceased or injured plaintiff may be able to claim, it is recommended that you rely on the experience and expertise of a personal injury lawyer and their team of legal assistants.

Impact of a Plaintiff’s Actions or In actions

In Ontario Province, there are some cases where the injury victim’s or plaintiff’s actions have played a role in causing or contributing to the accident.  Furthermore, there are also cases where their in actions after sustaining their injuries could diminish the size of the damage award in their case.  In this case, the term “inaction” refers to not getting proper medical care or treatment.

If the plaintiff has not taken reasonable precautions for their safety or their negligence contributes to their losses, this is known as “contributory negligence” and will reduce their claim for damages.  Some examples of court-imposed reductions include:


    • Alcohol or drug impairment – contributory negligence of 25% to 45%
    • Failure to wear helmets while riding bikes or motorcycles – contributory negligence of 10% to 15%
    • Failure to wear seat belts in vehicles – contributory negligence of 15% to 25%

Keep in mind that an injury lawyer in Burlington will not only help you receive a higher settlement in claim than what you would on your own, they will ensure that your rights to that compensation are protected during the legal process.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!