Most people are not aware that in personal injury claims in British Columbia that the loss of homemaking capacity is a compensable damage.
The concept of loss of homemaking capacity refers to the diminished ability of an individual to perform household duties and responsibilities due to injuries sustained in an accident that they otherwise could.
What is Loss of Homemaking Capacity?
Loss of homemaking capacity encompasses the inability to perform household tasks that an individual previously managed independently. This can include activities such as cleaning, cooking, grocery shopping, childcare, and maintaining the overall household environment. Injuries that can result in an award for damages for loss of homemaking capacity are not limited to injuries with physical limitations; psychological injuries that impact your emotional well-being and the overall quality of life can also result in awards for a lost or diminished homemaking capacity.
Establishing a Loss of Homemaking Capacity
Evidence is paramount in substantiating a loss of homemaking capacity claim. This can include medical records from healthcare providers outlining the extent of the injury and its implications on daily living, expert evidence from professionals such as occupational therapists can provide insights into the functional limitations caused by the injury, and direct evidence from the Plaintiff and their family members and friends which can illustrate the changes in day-to-day life of a Plaintiff and inability of a Plaintiff to attain the same homemaking capacity they did prior to their injury.
To successfully establish a claim for loss of homemaking capacity, several key elements must be demonstrated by the evidence, including:
- That you sustained injury – The Plaintiff must show that they have suffered an injury due to another party’s negligence.
- Impact on Daily Life – There must be evidence supporting that the injury has negatively affected the Plaintiff’s ability to perform household tasks. This can be supported by medical evidence, expert testimony, and lay witness evidence.
- Previous Capacity – Just as you need evidence supporting your inability to perform household tasks, you will need to also show evidence to support that you used to be able to perform the household tasks that you can no longer do due to the injuries you’ve suffered.
- Future Restrictions – Plaintiff may also need to provide evidence of future impact on their homemaking capabilities, considering factors such as recovery prospects and ongoing limitations.
Case Law Considerations
Just because a Plaintiff has suffered a loss of homemaking capacity does not mean that they will necessarily get a separate award for this head of damage at trial. In the usual course, such a loss is compensated through an award for non-pecuniary (pain and suffering) damages.
Often times a loss of homemaking capacity is addressed through in-trust claims for individuals who provided the Plaintiff with assistance by doing the homework that the Plaintiff was unable to do due to their injuries.
Whether or not your claim will attract a separate award for loss of homemaking capacity will depend on the specific facts of your case and will require the evaluation of an experienced personal injury lawyer.
Experienced Personal Injury Lawyers
Loss of homemaking capacity claims recognize the profound effects that injuries can have on an individual’s ability to fulfill domestic roles and perform the normal activities of daily life.
The experienced personal injury lawyers at Taylor & Blair LLP can look at the facts and the medical evidence of your case and advise you on the potential of securing an award for loss of homemaking capacity in your case.
There are strict timelines in which you have to start a lawsuit for your personal injury claim, so contact our lawyers today for a free consultation.