Fatal Accidents : A Recent Case from British Columbia
Losing a family member in a fatal accident is tragic. When this loss is caused by another person’s negligence, it can leave many questions for those left behind. In this blog, we will look at a recent case out of British Columbia and how the losses can be accounted for in a tragic accident.
Who can make a claim under the Fatal Accidents Act?
The impact of a fatal and unexpected accident is usually not only emotional but financial as well and can leave family members struggling to cope in more ways than one.
In Alberta, the Fatal Accidents Act allows for a spouse, partner, parent, child, or sibling of the deceased to make a claim for damages under heads of damage including special damages, and bereavement, as well as dependency claims.
What is a loss of dependency?
Loss of dependency claims under the Fatal Accidents Act consider the kind of dependency an individual may have on had on the deceased. These claims can include compensation for loss of household services, or financial support as an example. The loss can also be for something less tangible as well, for example, the potential that a child may take over a family business.
Recent Case of Loss of Dependency: BC Supreme Court Awards Parents Over $300,000
In March of 2019, teenager Jaeheon Shim was killed in a tragic accident while crossing the street. His parents pursued a claim against the at fault party, and in a decision published in September 19 of this year, the Supreme Court of British Columbia awarded them over $300,000 in compensation for future financial aid that their son would have provided them. The Court considered the Korean practice of hyodo (filial piety) when coming to their decision, a principal in Korean culture which allows children to show gratitude to their parents through financial support. Jaeheon regularly helped his parents with translation and helped them throughout the week in the day to day affairs of managing their restaurant business.
If you believe you may have a claim, you may want to speak with an experienced personal injury lawyer, who will be able to look at the facts of your specific case and provide advice regarding any potential claim you may have under the Fatal Accidents Act.