Family relationships do not automatically protect someone from being held legally responsible for causing an injury. Under personal injury law, a family member may still be liable if their negligence results in another relative being injuFamily relationships do not automatically protect someone from being held legally responsible for causing an injury. Under personal injury law, a family member may still be liable if their negligence results in another relative being injured. Motor vehicle accidents, accidents on private property, and other preventable incidents can all lead to personal injury claims.
Although pursuing a car accident claim against a family member can be emotionally challenging, doing so may provide the financial support needed for your recovery and long-term healing.
If you’re unsure how family relationships may affect your case, Sidhu Personal Injury Lawyers Calgary can explain your legal options, determine whether compensation may be available, and guide you through the claims process.
Can You File a Personal Injury Claim Against a Family Member?
Yes. You may be able to file a personal injury claim against a family member if their negligence caused your injuries. A family relationship does not automatically prevent legal action.
In many cases, filing a claim against a family member does not mean you are seeking compensation directly from their personal assets. If the injury resulted from a motor vehicle accident, the claim is handled by the at-fault driver’s automobile insurance policy.
Get fair compensation for your injuries, even when the person responsible is a family member. You have the right to seek financial compensation when a relative’s negligence causes you harm.
What Does Alberta Law Say?
Alberta law does not provide a blanket exemption that shields family members from negligence claims simply because they are related. Historically, some legal doctrines limited lawsuits between spouses, but those restrictions have been abolished. Spouses can now pursue negligence claims against one another in appropriate circumstances.
If you have been injured because of a family member’s negligence, your claim will be assessed using the same legal principles that apply to any other negligence case.
- The family member owed you a duty of care.
- They breached that duty through negligent conduct.
- Their negligence caused your injuries.
- You suffered compensable damages, such as lost income, or pain and suffering.
For example, if a parent, spouse, sibling, or adult child negligently causes a motor vehicle accident that results in your injuries, you may have grounds to pursue compensation through the applicable insurance coverage.
McLaren v. McLaren Estate, 2011 ABCA 299
An example of a personal injury claim involving family members is McLaren v. McLaren Estate, 2011 ABCA 299. In this case, a mother, Sandra McLaren, was injured in a motor vehicle accident while her teenage daughter, who had a learner’s permit, was driving. The daughter did not survive the collision, and it was accepted that the daughter’s driving was negligent. The mother suffered physical injuries, chronic pain, and psychological injuries, including post-traumatic stress disorder (PTSD).
At trial, the court awarded compensation for several losses, including past income loss, future income loss, and future care costs. The trial judge initially found the mother 25% negligent.
The Alberta Court of Appeal later reviewed the decision and allowed the mother’s appeal regarding contributory negligence, finding that the trial judge had applied an incorrect standard of care to the mother simply because she was the driver’s parent. The court confirmed that a parent is not automatically held to a higher duty of supervision just because the driver is their child. The damages issues were also adjusted, including corrections to income-loss calculations.
When Can a Family Member Be Held Liable for a Serious Personal Injury?
A family member may be held liable for car accident claims when their actions or failure to act create a foreseeable risk of harm that results in physical, emotional, or financial consequences for another relative.
May include:
- Accidents causing permanent or long-term impairment: Actions contribute to injuries that require medical treatment, rehabilitation, mobility assistance, or future care.
- Injuries involving vulnerable family members: Claims may arise when someone responsible for the care, safety, or supervision of another family member fails to take reasonable precautions.
- Unsafe activities or recreational accidents: Family members who organize or participate in activities involving physical risks may be responsible if they ignore safety measures or act in a way that creates unnecessary danger.
- Situations involving significant financial losses: Involve more than physical pain. Lost earning ability, future treatment costs, home modifications, and reduced independence can all increase the impact of an injury.
The severity of the injury, the circumstances that caused it, and the available evidence will all influence whether a family member may be held legally responsible.
Because injury claims involving relatives can involve both legal and personal considerations, obtaining legal representation can help determine what options may be available.
Does Filing a Claim Mean You’re Suing Your Family Member?
No. Filing a personal injury claim or personal injury litigation against a family member does not necessarily mean you are personally taking money from that relative or damaging the family relationship. In many cases, the claim is handled through available insurance coverage or the legal process connected to the responsible party’s estate.
For example, in McLaren v. McLaren Estate, 2011 ABCA 299, the mother’s claim was brought against the daughter’s estate, with compensation issues being addressed through the applicable insurance coverage rather than the mother seeking payment directly from her daughter.
The case shows why accident victims may need to file a claim even when the person responsible is a close family member. The purpose of a personal injury claim is generally to access compensation for losses caused by an injury.
An insurance company handles the financial side of covered claims, meaning the process is not about forcing a family member to personally pay out of pocket. Calgary personal injury lawyers such as Sidhu Lawyers can help accident victims communicate with the insurance company and pursue fair and just compensation.
Personal injury claims are directed toward the family member’s insurance company rather than against the family member personally. If you are feeling emotionally stressed about pursuing a claim involving a relative, our legal team can help.
Other Misconceptions About Filing a Claim Against a Family Member
When someone files an injury claim against a family member, people have concerns about the impact on their relationship, finances, or the relative involved. However, many of these concerns are based on common misconceptions.
| Common Misconception | The Reality |
| “Filing a claim against a family member means you are trying to profit from the accident.” | A claim is not about receiving a financial windfall. Compensation is intended to cover the losses caused by the injury, such as rehabilitation costs, lost income, pain and suffering, and other accident-related expenses. |
| “The claim will automatically ruin the family member’s finances.” | The purpose of liability insurance is to protect individuals when they are responsible for causing injuries. A claim allows the injured person to access compensation while allowing the insurance process to handle the financial aspect. |
| “A person should avoid filing a claim because the at-fault person is a loved one.” | Family relationships can make the decision emotionally difficult, but an injured person may still need compensation. Seeking compensation is about protecting the injured person’s future, not punishing a relative. |
What Challenges Can Family Members Face During a Personal Injury Claim?
Personal injury cases or claims involving a family member can create unique challenges because the legal process may affect both compensation and family relationships. While the purpose of a claim is to help the injured person recover losses, family members may experience emotional concerns, communication issues, and uncertainty about the process.
Some common challenges family members may face include:
- Emotional discomfort: An injured person may feel guilty about making a claim against a spouse, parent, child, or other relative, even when the claim is handled through insurance.
- Concerns about family relationships: Some people worry that filing a claim could create conflict or damage their relationship with the family member involved.
- Disagreements about what happened: Family members may have different views about how an accident occurred or who was responsible.
- Understanding legal rights: Many people are unsure whether they can make a claim against a relative or how insurance coverage applies in these situations.
How Personal Injury Lawyers Help Protect Family Relationships
A personal injury case involving a family member can be emotionally difficult. Many people worry that pursuing compensation will create tension or make their loved one feel blamed. A personal injury lawyer can help separate the legal process from the personal relationship by handling the claim professionally and protecting everyone involved.
A lawyer can help by:
- Providing sound legal advice
- Handling communication with insurance companies
- Protecting the injured person’s rights
- Negotiating a fair settlement
- Helping pursue maximum compensation
If you are in this situation, consider getting a lawyer in Calgary, such as Sidhu Personal Injury Lawyers Calgary. Our legal team can help you to pursue a claim through the involved party’s insurance company and explain that you are not acting against them or personally attacking them. Instead, you are simply seeking the compensation you may be entitled to receive for your injuries and losses.
Frequently Asked Questions
Can children sue their parents after an accident?
Yes, a child may be able to file a claim against a parent if the parent’s negligence caused the child’s injuries. In most cases, the claim is handled through the parent’s insurance coverage.
For example, in Ward (Next Friend of) v. Ward, 2010 ABQB 654, a child was injured while riding as a passenger in a vehicle driven by his father. The child’s legal representative brought a claim against the at-fault parties, including his father, after the accident. The court found the father responsible for the collision.
Can a parent file a personal injury claim after being injured as a passenger in their child’s vehicle?
Yes, a parent may be able to file a claim if they are injured while riding as a passenger in a vehicle driven by their teenage child.
A similar situation was addressed in McLaren v. McLaren Estate, 2010 ABQB 471. A mother was injured while riding as a passenger in a vehicle driven by her teenage daughter. The daughter’s negligent driving caused the collision, and the mother pursued a personal injury claim for the injuries she suffered.
Can you file a personal injury claim if you slip and fall on a relative’s property?
Yes, you may be able to file a claim if you slip and fall on a relative’s property. Under Alberta’s Occupiers’ Liability Act, property owners and occupiers have a duty to take reasonable care to ensure that visitors are safe while using the property. This duty can apply even when the visitor is a family member, such as a parent, child, sibling, or other relative.
For example, if you visit a relative’s home and slip on an unsafe condition, such as an unmarked hazard, a poorly maintained walkway, or dangerous flooring, you may have the right to pursue compensation for injuries caused by negligence.
