The loss of a loved one can be not only emotionally devastating and overwhelming, but also financially burdensome. While no amount of money can replace the person who has been lost, there is a framework set-up in Alberta to allow those impacted by such a loss to receive financial compensation to assist with any financial hardship suffered.
Specifically, where a person’s death was caused by another person’s negligent or wrongful actions, the Alberta Fatal Accidents Act allows certain family members of the deceased to bring a claim for compensation through a wrongful death claim. This blog will look at how these claims can be brought and pursued in Alberta. Just like a car accident qualifies as a personal injury claim, there are many other types of injuries that also qualify as personal injury claims; including wrongful deaths in Alberta. Contact your Edmonton personal injury law firm to see if your wrongful death claim qualifies as for a personal injury claim.
When may a wrongful death claim be brought?
If you have lost a loved one, this does not automatically entitle you to pursue a wrongful death claim. Section 2 of the Fatal Accidents Act states that an action can only be brought where a person has died as a result of a “wrongful act, neglect or default that would, if death had not ensued, have entitled the injured party to maintain an action and recover damages”.
Who may be entitled to bring a wrongful death claim?
The Fatal Accidents Act only entitles certain family members to seek compensation as part of a wrongful death claim. The eligible family members are listed in Section 3 of the Act, and include the “spouse, adult interdependent partner, parent, child, brother or sister of the person whose death has been so caused”.
What compensation is available as part of a wrongful death claim?
Section 8 of the Fatal Accidents Act outlines the amounts payable with respect to bereavement benefits for different family members of the deceased person as follows:
- $82,000 to a spouse or interdependent partner
- $82,000 to the parent(s) of the deceased (to be divided equally if a claim is made for both parents)
- $49,000 to each child
In addition, certain family members may be able to make claims for funeral expenses, grief counseling, loss of financial support, loss of household support and childcare, and other out-of-pocket expenses.
An experienced personal injury lawyer will be able to assess and determine the value of the losses suffered following the death of a loved one and can put forward a wrongful death claim which takes all of these into account to make sure you obtain the maximum benefit available to you.
When seeking compensation for a wrongful death case, having an experienced lawyer by your side is crucial. At Moustarah & Company, we have the expertise and knowledge to fight for your loved one’s rights and ensure you receive a fair settlement. We understand that wrongful death cases can cause emotional and mental stress, so we are here to help. We provide personalized attention to each client and treat every case as unique. Our extensive knowledge, and unwavering dedication will ensure that you receive the justice that you and your loved one deserve, and you will also receive personalized care from our local personal injury lawyers and team. So, if you’re looking for legal representation for a wrongful death claim in Edmonton, call us today for a free consultation.