Suing When a Family Member is Injured in a Car Accident | Diamond & Diamond Lawyers
Learn how and when to sue when a family member is injured in a car accident.
It’s painful for a family when one member gets injured in a car accident especially when someone else was negligent. Unfortunately, most victims suffer the pain and medical bills alone without the one at fault ever paying for the losses. Sometimes the family is strained financially and emotionally and the victim may end up deceased.
However, you can file a lawsuit when a family member is injured. If you are eligible, you can sue for the injuries and harm caused. Such a lawsuit is complex and requires professionals to handle it.
We at Diamond & Diamond Lawyers are professionals in handling personal injury lawsuits and have a proven track record. We can help you in claiming compensation.
Suing When a Family Member is Injured in a Car Accident
Seeing a family member agonizing in pain is bad enough. Assisting a loved one in such an injury claim is one way to help them when they need you most.
Such a claim should be made as soon as possible because apart from being hard to get started, not almost all injury claims have statutes of limitation. That is, they have time limits.
Do not feel helpless. You have every right to sue for compensation on the injuries and pains caused, especially if another party was at fault.
Who can sue? Although family members can sue, not all are eligible. Family members who can sue include;
- Injured person’s spouse
- Injured person’s children
- Injured person’s grandchildren
- Injured person’s parents
- Injured person’s siblings
- Injured person’s grandparents
Also known as Section B benefits, these are compensations that a victim of a car accident or their family is entitled to. Every automobile insurance policy has these benefits which are available to the driver as well as any passenger injured or killed in the accident even if another driver was not at fault.
Even if they were not in the car but got injured like a pedestrian or they were on a bike, they are still eligible for Section B benefits. They can access the benefits from the insurance company of the car that caused the injury.
Section B benefits cover all medical, dental, surgical, psychological, chiropractic occupational therapy, professional nursing, acupuncture, and any medical needs the victim has. It also includes any medications both prescription and non-prescription medications.
Sue the Driver at Fault
If the accident was caused by the driver’s negligence such as overspeeding or not observing road signs, you have the legal rights to sue them for the injuries caused. The driver’s car insurance company will be the one to compensate your family member.
If the car of the at-fault driver doesn’t have insurance, you can attempt to sue the driver personally although they may not have enough assets to pay for the lawsuit or you can claim from your insurance company under your insured motorist benefits.
Sue the Municipality
Municipalities can be held responsible for injuries suffered by your loved one because of the defective conditions of bridges, streets, roads, public buildings as well as negligence such as lack of proper road signs.
Most municipalities require you to file a Notice of Claim first before filing the lawsuit. If the city is found at fault, the liabilities coverage most municipalities have will pay for your loved one’s compensation.
Sue the Company/Employee
If the driver was driving a company car in the line of duty, you can sue the driver or their employer.
Sue a Homeowner
If you believe the accident was due to a fault by someone else’s property like a building on the wrong place or negligence by the owner, you can sue them to pay for the compensation.
Always consult with a Personal Injury Lawyer before you take legal action.
Contact an Alberta Personal Injury Lawyer from Diamond & Diamond
At Diamond & Diamond, we have experience in dealing with personal injury cases including car accidents and a proven track record. We will advise you on the legal matters about the injury of your family member to ensure they get compensated.
You can visit any of our offices in Alberta or call us on our 1-800 phone number. Additionally, you can get a free consultation through our online contact form.
“Always choose a lawyer who specializes in personal injury cases, as opposed to a lawyer who dabbles in personal injury cases from time to time.”
FAQs on Suing When a Family Member is Injured in a Car Accident
Can an ex-spouse sue on behalf of a former husband or wife who got injured in a car accident?
Depending on your state laws, if the couple had divorced before the accident, the damages amount awarded may be negatively affected.
What does third party liability mean?
This is an insurance policy where the insurance company only covers the damages caused to another person(s) injured who’s injured in an accident with the insured driver. Usually, third party liability is the minimum cover a car driver should have. If a driver injures your loved one, third party liability requires the insurance company to compensate them. Sometimes, the insurance company may try to avoid compensating a person who has been injured in a car accident.
Who do I sue if a family member got injured in a hit-and-run accident?
Even if the legal consequences of a hit-and-run accident are more serious than in an ordinary accident, sometimes there’s no witness who can identify the driver or their car’s registration number. In most cases, the likely option is to claim an uninsured motorist (UM) claim to your insurance company.
Seeing a family member hurting and in pain is hard for their loved ones. You should know you can help them by suing whoever is responsible for the injuries. We, the Diamond & Diamond Lawyers are ready and willing to walk you through the personal injury lawsuit and obtain justice for your loved one. Contact us today for professional help.