Claims after Fatal Injuries

What if one of my family members was killed in an accident?  

The loss of a loved one or family member is always a tragic and mournful time for anyone. Under Alberta’s Fatal Accidents Act, you may be entitled to certain expense reimbursements and a set amount of damages for your grief, loss of guidance, care and companionship of your lost loved one whose death was caused by the wrong-doing, neglect or default of some other person.  

The list of people who may be entitled to either a monetary damages award for grievance and/or reimbursement of certain expenses under the Fatal Accidents Act are:

1) a spouse or common-law partner (known in Alberta as an “adult interdependent partner”) of the deceased;
2) parents of the deceased (which includes fathers, mothers, grandfathers, grandmothers, stepfathers and stepmothers);
3) siblings of the deceased; and
4) children of the deceased.

For grievance, loss of guidance, care and companionship, a spouse or common-law partner may be entitled to damages of $82,000 for the loss of a spouse or partner; mothers and fathers may be entitled to share damages of $82,000 for the loss of a child; and each child may be entitled to damages of $49,000 for the loss of a parent. These amounts are set by the Fatal Accidents Regulation and may change.  

These same individuals as well as the others listed above may also be entitled to damages for the reimbursement of certain expenses incurred as a result of the death of their loved one, including:

1) expenses incurred caring for the deceased between the time of injury and death;
2) travel expenses incurred in visiting the deceased between the time of injury and death;
3) funeral and related expenses incurred; and
4) grief counselling fees paid resulting from the death.  

In addition to any entitlements under the Fatal Accidents Act, certain individuals, depending on their circumstances, may be able to claim damages for other losses in the event they lose someone who they were reliant on for support, such as the loss of financial support from a wage-earner or loss of domestic services.

If you or someone you know has lost a family member in an accident in Alberta, they may be entitled to compensation under the Fatal Accidents Act or otherwise. You can contact us to discuss your potential entitlement.     

This article was written by Travis Yachimec. Travis is a lawyer at McCuaig Desrochers LLP.

©2019 McCuaig Desrochers LLP. All rights reserved. The content of this newsletter is intended to provide general information on McCuaig Desrochers LLP, our lawyers, and recent developments in the law and is not to be relied on as legal advice or opinion.

Personal Injury Lawyers

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