What Family Members of Victim in an Accident Can Claim as Compensation Under the Family Law Act?
An accident can have a serious effect over a person and their family, both in terms of physical injury to victim and financial losses. The family law act
allows the person or his family to make a claim against the person whose negligence or fault resulted in the accident and consequent injury or death of the victim.
Let us look at eligibility for making the claim and details of what victim's family members can claim in the following sections.
Eligibility to Claim Compensation
In case of an accident the injured person loses his independence and may not be able to contribute in the same way he did before the accident. Moreover, it would become necessary for family members to provide required care as well as assistance to injured person by taking leave from their work.
As such, it will become necessary to claim compensation to recover from financial setback family passes through after the accident.
Such a claim can be made by injured person's spouse, parents, common law spouses, children, sisters, brothers, grandparents or grandchildren under the family law act.
What victim's family members can claim?
Family law act fully understands that not only victim suffers physically because of the accident, person's family members also suffer mental strain as well as have to bear financial losses due to time lost in caring for injured person rather than attending their jobs.
Similarly, family members who are dependent on injured (or deceased) person for support also suffer after the accident. As such, family law act allows family members to make a claim related to:
• Expenses family members had to incur for the deceased or injured person.
• Expenditure on funeral of deceased person.
• Travel expenses family members had to bear for visiting injured person while the person was undergoing treatment in a medical facility.
• Expenditure on housekeeping, nursing as well as similar other services that injured person requires.
• Compensation with respect to loss of income injured person sustained.
• Compensation for loss of companionship, guidance as well as care that family members claiming compensation may have received from injured or deceased person in case such death or injury had not taken place.
From above claims, the most difficult one to quantify is the last one since it is not very easy to measure loss of care, guidance and companionship in monetary terms.
Since these are quite intangible aspects, most of the times, it becomes really hard for family law act
to clearly define how compensation is to be calculated for such losses.
Generally, court will try to analyze nature of relationship injured person had with family members and also the kid of loss family members incurred due to the accident to evaluate amount of compensation family members should get.
The Bottom Line
To conclude it can be said that loss of a family member in an accident is something which cannot be quantified. However, by claiming compensation they can at least recover from the financial loss they had to incur and financial risks they face with their future.