This law allows certain family members to file for damages if a loved one has been killed in an accident. The relatives are granted the rights to file for damages are the deceased’s spouse, parents, grandparents, children, grandchildren and any brothers or sisters. Under the provisions of the Family Law Act, the adult children can file a claim, if their parent dies in an accident.
Recoverable damages, which are listed in the Family Law Act
• Any money that family members have spent, in order to aid recovery of the injured accident victim.
• Funeral and burial expenses
• Cost of travel to the victim’s bedside, immediately after the accident
• Cost of nursing care
• Loss of guidance, care and companionship (This usually applies to a parent or grandparent.
• Loss of a loved one that had become a source of funds
How do any awarded funds get apportioned to the family members that have hired a lawyer, and have gone after the awarded compensation?
Sometimes the family members that filed the case have described the method to be used for apportioning the funds granted to the different relatives. If the relatives that have filed a personal injury claim have not explained the method for apportioning the rewarded funds, then the court can order the method to be used during that apportionment procedure.
No restrictions get attached to the court-ordered method for apportioning the money to designated family members. In other words, the court can leave out mention of someone that was listed in the deceased’s will, but was not on the list of relatives that deserve to receive a portion of the allotted compensation.
Families may want to give a portion of the compensation to other loved ones, those that are not mentioned in the Family Law Act. For instance, maybe a step brother or sister was most helpful, in terms of caring for the deceased. In that case, those that did receive money would need to decide among themselves how to share some of those funds with loved ones that had gone unmentioned (under the Family Law Act).
Still, no one that receives a part of the court-granted compensation should come under pressure to share some of that money with a more distant relative. For instance, the spouse should not get pressured to share some money with an earlier wife or husband. By the same token, none of the children should have their arm twisted, in hopes of getting money for nieces and nephews.
That is why if you or a loved one has filed for compensation in case of a death of the parents, it is important not to try and handle it all on your own, but consult with an injury lawyer in Mississauga.
