Serious injuries don’t just impact the person who was injured. They often change the lives of the loved ones around them as well. When someone is so injured to the point that they can no longer care for themselves as they did before, a family member often steps in to provide that care. If a loved one is injured due to the negligence or fault of another party, the Family Law Act allows eligible family members to seek compensation for the care, support, and assistance they provide.
What Kind of Personal Care Is Compensated?
The Family Law Act allows family members to be compensated for housekeeping, nursing and other services they provide to an injured love one. Courts have recognized a wide range of compensable services, including being available on an ongoing basis to assist with decision making, providing emotional support, and helping with personal care tasks such as bathing and dressing.
How Is the Value of the Personal Care Provided Determined?
The method used to calculate the value of personal care depends on the evidence before the court.
Where there is sufficient evidence outlining the amount of time spent and the nature of the services provided, the court can assess the value mathematically. In these cases, the court will determine how much it would have cost to hire a professional, such as a Personal Support Worker, to provide the same care and will award that amount as compensation.
Where there is insufficient evidence to precisely quantify the care provided, the court may take an approach that is more art than science. The court will review the available evidence and assign what it considers to be a reasonable allowance to fairly compensate the family member for the care they provided.
What to Do When Providing Care to a Family Member?
If you are providing care to an injured loved one, it is important to begin tracking the care as early as possible. Although this can be a very demanding and emotional time, maintaining records that detail the type of care provided, when it was provided, and how much time was spent can significantly strengthen a claim for compensation.
If your loved one has suffered a personal injury and you are providing them with care, speaking with a personal injury lawyer can help you understand your rights and ensure you are taking the appropriate steps to protect your claim.
