Every state and province in the Canada gives the victim of an accident the right to sue for compensation from the person responsible for that same accident. In some states specific members of the victim’s family can exercise that same right, on behalf of the injured party.
The family members that can go after the compensation that is owed to a loved one
• The victim’s spouse
• The victim’s children
• The grandchildren
• The parents
• The grandparents
• The brothers and sisters
Often the efforts made by such family members contribute greatly to the success of the recovery process. Their presence helps to lift the spirits of the victim. Sometimes, too, family members become caregivers.
For that reason, the law in some states allows the family members to seek a portion of monetary funds, specifically those that might be awarded to the victim by the courts. Now that does not allow brothers and sisters to fight over who gets what. The court arranges for the apportionment of whatever funds will be given to family members. The courts also specify the types of damages for which one of the designated relatives can seek compensation.
Here is a listing of those specific damages
• The money that has been spent in an effort to help the victim
• If the victim dies, then relatives can get compensated for the money used to cover the funeral expenses.
• The money that has been spent on travel to the victim’s bedside, during the time when he or she was recovering from the accident-caused injury
• The cost of the nursing care provided to the victim
• The loss of guidance, care and companionship
That final loss usually determines how much money should be paid to children or grandchildren, when those young people have been in the care of an injured and possibly deceased adult. As indicated, the services offered by the same adults extend beyond simple care. Such services include as well the offering of guidance and the readiness to act as a companion.
The problems and benefits created by having different laws in different states
If a grandchild lives in one state and a grandparent dies in a different state, it could be that only property that has been willed to the grandchild goes to the same man or woman. Depending on the law in the two different states, even the fact that the grandchild is a judge might not allow that same judge to gain possession of some of her grandfather’s land.
Obviously, that fact underscores the nature of the problem associated with differences in state-regulated laws. So, what could be the benefit of seeking assistance from an injury lawyer in Burnaby? The key aspect is that they are well-versed in all aspects of the tort law and understand wrongful death cases and can help.