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Compensation for family members of the injured person.

  • My wife took care of me during the first year after my collision when I was unable to fully take care of myself. Is she entitled to compensation for this?
  • You may be entitled to an award "in trust"for your wife for much of the assistance she provided to you. There are a number of factors that the courts consider in the assessment of the claim of a family member. They are:

    1. the services must replace services that were necessary for your care,
    2. the services have to be over and above what would be expected from the marital or family relationship,
    3. the amount of compensation should reflect that true and reasonable value of the services performed taking into account the time, quality and nature of the services provided,
    4. the amount of compensation should reflect the wages of a substituted caregiver,
    5. the family member does not have to have lost other income to care for you.

    For example, a judge recently concluded the following in a case of a very seriously injured woman:
    "I find that… Mr. B performed numerous services that can properly be said to be nursing or attendant care services necessary for the care of Mrs. B. Further, I find these services to be substantially over and above what would be expected from the marital relationship. "

    "I accept, however, that. . . there were times… when Mr. B was not providing services in the form of actual care or otherwise, or alternatively, when what services he did perform did not go beyond the normal duties flowing from a husband / wife relationship and are therefore not compensable. "

    He then made an "in trust" award based on 70% of the hours the husband claimed at an hourly rate of 75% of what a health care company charged for the services of a health care attendant.

    My husband has suffered a great deal as a result of my injuries. Is he entitled to compensation for how his life has changed? He has to put up with me being in pain and we cannot do many of the activities we enjoyed together before the collision.

    Your husband's loss is real and substantial. However our courts take a much more conservative approach than the courts south of the border on this issue. They do not compensate people for their loss of enjoyment of life resulting from the injuries to a member of their family. It is highly unlikely that the government will change the law to allow claims of family members considering that the government owns ICBC.

Information provided by ICBC Injury Claims Lawyer.

Call for appointment : 604.970.2440 or toll-free 1.877.536.4520