Losing a loved one due to the negligent acts of another, is one of the most angering losses one can experience. While no money in the world can replace such a loss, family members of Wrongful Death victims deserve to be compensated for what they are going through.
Here are some things you need to know about Wrongful Death Claims in Alberta.
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Values for Bereavement
The Fatal Accidents Act (FAA) determines how much compensation certain family members may receive due to the loss of a loved one. If you live in Alberta, the potential compensation is as follows:
- $49,000 per living child (son or daughter, not including step-children or grand-children)
- $82,000 for the parents (split equally between both parents, or the full $82,000 to one parent if only one is alive)
The FAA also determines who is allowed to file a claim. Only immediate family members (the parent, child, brother/sister, spouse, or adult interdependent partner) of the victim are eligible to file a Wrongful Death lawsuit.
The only exception to this rule is if the victim had an executor of their will. If this is the case, the executor is likely the one who will file the claim. Immediate family members may still file a claim if the executor does not do so within one year of the incident.
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It is also important to note that each wrongful death is allowed a single lawsuit. All family members must file their claims within the same lawsuit.
Damages
If the victim had dependent family members (such as children) that are now affected by the loss of their loved one (example: parent), these dependent family members are able to file a claim due to the loss of income and/or household services. Such a claim is in addition to the bereavement benefit under the FAA.
The market value of the lost income and services, as well as the finances of the victim are assessed by experts to determine the loss value. Services like home maintenance, meals, childcare, cleaning and other home services are considered.
The cost to the family members of traveling to see their loved one between the incident and death, the funeral and burial expenses, and any grief counseling costs are also taken into account.
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If you believe that you may be eligible to file a Wrongful Death lawsuit, connect with our team at McGuiness Law. We will treat you with the respect and compassion that you and your family members deserve, and are good at ensuring that you receive the maximum compensation possible.
You can reach us via the contact form on our website, or give us a call, toll-free, at 1-833-585-4145. We will provide you with a consultation free of charge and with no obligation to continue using our services after the initial call.