What Damages Are Available Under the Family Law Act?

Published: September 24, 2018 | Last Reviewed: August 13, 2026

Key Takeaways

• Part V of Ontario’s Family Law Act lets certain close family members of an injured or wrongfully killed person pursue their own damages claim against the at-fault party, separate from the injured person’s own claim.
• The Act sets out a non-exhaustive list of recoverable damages: actual expenses incurred for the injured person’s benefit, funeral expenses, reasonable travel expenses for visiting the injured person during treatment or recovery, and lost income or the value of services where a family member provides nursing, housekeeping, or other care.
• A distinct damages category, compensation for loss of guidance, care, and companionship, recognizes the relational harm to family members even when they had no direct financial loss.
• These claims are derivative of the injured or deceased person’s underlying claim, so family members considering a claim should have a lawyer assess it alongside the primary personal injury or wrongful death case rather than as a standalone matter.

The Family Law Act (FLA) is an Ontario statute that mostly concerns itself with family law matters—marriage and divorce, spousal and child support, and so on. But Part V of the Act concerns personal injury law. In accordance with the Family Law Act, certain relatives of injured accident survivors may be entitled to pursue legal action against the at-fault party whose negligence resulted in their injuries.

Family Law Act Damages In Tort Claims

Under the provincial Family Law Act, certain relatives of injured or wrongfully killed may be eligible to pursue damages if their loved one’s injury or death caused them to incur financial losses.

The close family members entitled to recover under the FLA are the injured person’s:

What Damages Are Available Under The Family Law Act?

The FLA contains a non-exhaustive list of damages that an injured person’s family members can recover. Those damages include:

• Actual expenses reasonably incurred for the injured person’s benefit
• Actual funeral expenses
• A reasonable allowance for travel expenses actually incurred in visiting the injured person during his or her treatment or recovery
• A reasonable allowance for lost income or the value of services if the family member provides nursing, housekeeping, or other services for an injured person as a result of the injury
• An amount to compensate for the loss of guidance, care, and companionship caused by the person’s injuries or death.

Contact Preszler Injury Lawyers

If you incurred financial losses as a result of your loved one’s injury or wrongful death in an accident caused by someone else’s negligence, you might be entitled to compensation. To learn how Preszler Injury Lawyers may be able to assist you, schedule a free initial consultation by calling 1-800-JUSTICE today.

We’re here to help.