Wrongful Death Claims in Alberta
Losing a family member in a car accident or as a result of medical negligence can be devastating. In Alberta, you may have a claim for compensation if your family member has died as a result of personal injuries sustained in a car accident or by way of medical negligence under the Fatal Accidents Act.
Under Section 3 of the Fatal Accidents Act, only a spouse, adult interdependent partner, child, mother, father, or siblings may be entitled to make a claim for compensation as a result of their loved one’s wrongful death.
These claims include:
- Funeral expenses
- Travel and accommodation expenses incurred while visiting the injured family member between the time of the personal injury and death
- Costs associated with grief counselling
- Expenses incurred in caring for the injured family member between the time of the personal injury and death
Furthermore, a spouse or children may make a loss of dependency claim if the deceased was gainfully employed and fully or partially supporting those dependants at the time of death.
A spouse, adult interdependent partner, child, mother, father or siblings may also bring a claim for Bereavement damages under the Fatal Accidents Act. Bereavement damages claimable are the following:
- $82,000.00 to a surviving spouse or adult interdependent partner
- $82,000.00 to the surviving parent or parents divided equally
- $49,000.00 to each surviving child
Like any other personal injury claim in the Province of Alberta, a limitations period runs from the date that the deceased has died from his/her personal injuries; a claim for damages by a surviving family member must be made within 2 years from the date of death.
If you have lost a family member in a car accident or by reason of medical negligence, contact a knowledgeable lawyer at Law Fifty One LLP to see what options may be available to you in order to claim for compensation.