What Is a Family Law Act Claim?

If you get injured as a result of the actions or negligence of a physician, driver, or anyone in Ontario, you have the right to file a claim against them for damages. However, did you know that your family members may also have a claim for the damages as well?

The financial costs of an injury cannot be compared to the pain, trauma, and mental suffering incurred by the victim, family members, and loved ones. This is where the Family Law Act (FLA) comes in, allowing loved ones of patients to seek justice and compensation.  

This blog will discuss what an FLA claim is, who is eligible to file one, the types available, and how a birth trauma lawyer’s expertise can help ensure the rights of your loved ones are protected.

Understanding a Family Law Act Claim

Under Ontario law, an FLA claim allows family members to fight and secure compensation for an injury or death caused by someone else’s negligence, such as medical malpractice.

Car accidents, workplace accidents, and slips and falls in factories can lead to severe injuries, which can seriously reduce the victim’s ability to enjoy the same quality of life as they did prior to the accident.

The purpose of the FLA is to recognize the strains an injury or death can place on the victim’s family. 

According to Section 61(1) of the FLA, close relatives can claim damages for loss of care, companionship, guidance, and the financial contributions they would have received from the injured or deceased family member. 

By enabling these claims, the FLA aims to provide a measure of justice and monetary settlements to families suffering due to another person’s negligence.

Who can file a Family Law Act claim?

Section 61(1) of the FLA explicitly states that a spouse, children, grandchildren, parents, grandparents, and siblings of the injured or deceased victim have the eligibility to file an FLA claim.

The criteria for eligibility require the claimant to be a close family member who has suffered losses in the form of companionship, care, guidance, and financial support.  

Below are some unique definitions of family members provided by the FLA:

• Spouse: The FLA defines a spouse in two ways: someone who is legally married to the victim or someone who has lived with them for at least three years. 
• Child: Unlike the vivid description attributed to a biological child, the FLA holds a different view. A person whom a parent has shown intent to willingly treat as a family member qualifies as a “child.” However, the only exception to this is a foster child. 
• Parent: Similarly, a parent is defined as a person who has demonstrated intent to treat a child as their family, with the exemption of a foster parent.

Types of Family Law Act Claims

As with any other tort lawsuit, an FLA claimant is eligible to claim compensation for both special and general damages. 

General damages are non-pecuniary, which means that they do not have a specific monetary value. They include the following:

• Loss of Guidance: Compensation for emotional support and advice the injured or deceased victim would have provided. For example, the children miss the mentorship of a parent.
• Loss of Care: Claims related to the personal care and assistance lost due to the injury or death. An example could be a spouse losing the caregiving attitude of their partner.
• Loss of Companionship: Compensation for the loss of companionship and affection. For instance, a spouse mourning the absence of their partner’s companionship. 

Special damages are pecuniary, thus entailing the actual monetary loss you have suffered as a result of injury or death. These include the following: 

• Funeral expenses.
• Actual expenses incurred on behalf of your family member, such as the payment of their medical care or assistive devices.
• Reimbursement of travel expenses that were incurred for visiting the victim during treatment and recovery.
• Monetary compensation for any housekeeping or child care that the victim can no longer provide.
• Loss of income if the victim was supporting you prior to the accident.

How Compensation Is Determined

Compensation for FLA claims is determined by the thorough examination of both pecuniary and non-pecuniary damages. 

The Ontario courts consider various factors when determining compensation, including the severity of the injury, the nature of the relationship between the claimant and the victim, and the extent of emotional and psychological trauma experienced. 

Evidence like medical records, witness statements, and expert testimonies are essential in supporting FLA claims. 

Additionally, statutory deductibles may apply to non-pecuniary damages, as they usually do not have a specific value. In Ontario, these deductibles increase yearly in a bid to reduce the burden on the legal system and prevent excessive claims. 

If a court awards $100,000 for non-pecuniary damages, a statutory deductible of $39,556.53 would reduce the payout amount to $60,443.47. This means that the claimant must present substantial evidence to justify higher compensation amounts that can offset these deductibles.

Why You Need a Birth Trauma Lawyer

Legal guidance from the best birth trauma lawyer in Ontario plays an essential role in assisting families in filing for FLA claims related to birth injuries, accidents, deaths, etc. 

One of the primary ways they assist is by thoroughly investigating the circumstances surrounding the injury. This includes gathering medical records, consulting with medical experts, and identifying instances of negligence to build a strong case.

Having experienced legal support is crucial because birth trauma cases often involve medical details and require a deep understanding of both legal and medical terminologies. A birth trauma lawyer is adept at translating these complexities into clear, compelling arguments that can be effectively presented in court.

Moreover, birth trauma lawyers are skilled negotiators, capable of securing fair settlements for their clients. They understand the emotional and financial toll that birth injuries can have on a family and strive to ensure that their clients receive the compensation they deserve.

Care For the Family, We Will Handle the Case

If someone in your family is injured due to negligence, there is a high chance that your life has probably been turned upside down. Thus, it may be time to seek the justice and compensation you deserve.

The FLA claim provides a number of damages that can be accessed, and help reduce the impact of financial and emotional burdens caused by an injury or, in a worst-case scenario, the loss of a loved one.

If you believe you have a valid claim, the legal team at Sommers Roth and Elmaleh can be the game-changer you need to build a strong case. As the leading law firm in Ontario, our compassionate birth injury lawyers are committed to securing the justice you deserve. 

For more information call us at 1-844-414-0121 or contact us online for a free consultation so can we discuss the best legal options available to you.