That particular family does not have a sure means for becoming free of its grief, but that close-knit group can seek to reclaim certain financial losses. Still, it must file a claim within 2 years of the day when the severely injured relative died. By filing a claim, the grieving family could seek compensation for more than one-half dozen losses/expenses.
There are medical expenses that accumulated during effort to save the deceased relative. Additionally, there may be wages lost when relative struggled to recover from injuries. If the deceased relative had looked forward to a long a prosperous career, family could seek compensation for lost future wages. If any members of family had lived with the departed loved one, then that close-knit unit could sue for loss of care and companionship.
Depending on the family’s financial situation, with respect to the departed relative, those still living could sue for a lost inheritance or dependency. A Personal Injury Lawyer in Saint John might refer to the family’s added burden as a loss of consortium. If suing on behalf of younger relatives, the family could seek compensation for lost household services, lost child care or lost financial support. If a child has been killed, the family could ask to be compensated for the loss of future elder care.
Legal requirements to be met by a family filing a claim:
Anyone in the family that files a claim must be one of the relatives with a close tie to the deceased. That means that he or she should be a spouse, a son, a daughter, a parent, a grandparent, a sibling, or a grandson or a granddaughter.
If a couple has divorced, a former spouse cannot seek damages. If one parent has died, and a newly-created family includes step-children, those step-children do not have a right to claim any losses, following the death of a stepmother, step-father, stepson, step-daughter, step-brother or step-sister.
By the same token, anyone that files a claim should be able to prove that he or she has suffered a marked level of loss, as a result of the loved one’s death. Such proof serves as evidence that a given resident of British Columbia deserves the funds promised by the Family Compensation Act.
It is best not to try and self-represent your case as that will usually lead to denial unless you are an injury lawyer. If you are not in the legal profession, it is important that you hire the services of a lawyer to represent the rights of the deceased in the court of law. It can make a lot of difference in the amount that the next of kin will receive.