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Can my family be compensated for their own losses as a result of my injury?
Where the actions of a defendant cause you injury, the law permits your family members to be compensated for certain types of losses. The law sets out various categories of available compensation. These categories are loss of care (care you would have provided to your family member if you had not been injured), the loss of guidance (the inability of your family member to obtain this type of assistance from you), and loss of companionship (the activities you can no longer enjoy together). The law also recognizes the value of any nursing services provided to you by your family member; A family member who provides you with housekeeping and home maintenance services is also entitled to claim compensation for the value of the services provided. A family member who has lost income from employment as a result of caring for you after your injury is also entitled to claim for this loss.
To be successful in any such claim, you must be able to show that your loss was caused by the at fault person. Satisfactory proof of the amount of the loss is also required. If your injury is caused as a result of a car accident happening after October 1, 2003, the at fault driver’s insurance company is not required to pay the first $15,000 of each family member’s damages for loss of care, guidance, and companionship—this amount is known as a “deductible”. Where your accident occurs after August 1, 2015, the deductible amount for your family member’s damages is $18,270 rather than $15,000.The amount the insurance company is not required to pay—that is, the deductible—will increase by inflation every year. For car accidents, the deductible applies unless your family member’s damages exceed $50,000 for those accidents which occur after October 1, 2003, or $60,899 for those accidents which occur after August 1, 2015, with these amounts also increasing by inflation each year. The jury at any trial is not told about these deductions.
To find out more information about what security your family may be entitled to following your accident contact a personal injury lawyer at McKenzie Lake.