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Fatal Accidents Act of Alberta

Fatal Accidents Act of Alberta

The sudden death of a loved one due to an accident is indeed a tragic event that nobody wants to experience in their life. But unfortunate things happen, and then you become bound to carry the burden.

While losing a family member is already a mournful thing, a financial crisis make thing worst! Therefore, it’s important to learn about the Fatal Accidents Act of Alberta and know your right.

It’s true that money can’t solve the emptiness of the deceased, but a little help can help you to go through your life without struggling financially.

Let’s learn about the rights of the deceased’s family in detail.

What Financial Support You Will Get?

We know, that no amount of money is enough to compensate for the emotional damage of losing your loved one. However, you should try to keep your financial condition stable to not make mourning time more worrisome.

According to Alberta’s Fatal Accident Act, if your close family member dies because of a wrongful act or negligence of a person, you can claim the following things.

  • Compensation for your loss of financial support and family income
  • Compensation for loss of companionship, guidance, and care
  • Costs associated with burial and funeral
  • Cost for counseling or therapy sessions of the deceased’s family members

How Much Money Can You Get from a Claim?

Based on the motor vehicle act in Alberta, you have access to two insurance policies. The deceased’s vehicles that they were in the accident time provide one policy. And the second one comes from the vehicles that cause the accident.

No-Fault Benefits

The insurance policy from the deceased vehicles is called Section B Benefits or No-fault Benefits.

According to this policy, the death benefits vary as per the age and status in the household of the deceased and their relationship with the claimer. Additionally, you can also claim up to $5000 for each deceased person and $400 for counseling or therapy sessions.

Usually, you don’t need legal support to claim these benefits.

Third-Party Liability Benefits

If the accident occurs due to the third party’s fault, the deceased family can bring a claim against the auto insurance company on behalf of the liable party. You should seek legal help to claim this compensation successfully.

Based on this law, bereavement is like below.

  • Parents who lose a child will get $82000. The amount will be divided equally.
  • Souse or interdependent partner will get $82000. If the souse or interdependent partner are living separately at the time of death, they won’t get any compensation.
  • Childs who lose a parent will get $49000.

Besides, the amount for loss of dependency, loss of  housekeeping capacity and childcare, etc., is measured based on every victim’s situation.

Determining Liability

As you have seen, determining the liable person is essential to get the right compensation. However, it’s natural that when someone loses their close one, the fault or liability is the type of thing that nobody will think about at first.

And remember that fault can happen from both sites. Of course, any type of fatal accident is unfortunate, and it leaves the deceased family in a beyond describing situation.

But if the deceased themselves are at fault, the court will rule accordingly. Like if it is proved that the deceased was not wearing a seat belt, the claims can be reduced by 10% to 30%, depending on the situation.

Perfect Time to Claim Your Right

It’s essential to gather all the crucial pieces of evidence including police investigation report as soon as possible. As the more time passes, the more it will become challenging to locate witnesses or evidence. So, try to contact a lawyer when you are able to do so.

But if you miss the golden timing, don’t worry too much. Even if a couple of months pass, you should start all the procedures when you can do them.

Note that, in Alberta, you can make a claim in court within two years from the accident date. Hence, if you can’t make your claim due to ignorance or some other unavoidable reason, don’t lose hope! An expert lawyer can still help you in this situation.

Final Words

Now you know the Fatal Accidents Act of Alberta in detail. Well, losing a family member because of a wrongful act of someone is painful.

On top of that, the laws are quite complex in this area. Because so many variables are involved in these cases, it’s challenging to go through all these processes without an expert’s help.

Thus, contact an experienced lawyer as soon as possible and let them help you in this difficult time.

Frequently Asked Questions

Here are a few common questions and answers that might come to your mind.

How much compensation do you get for accident death?

The dependents of the deceased have the right to claim compensation for the accidental death. Indeed, it’s not possible to compensate for the damage of losing a family member.

But it can be made sure that you get the highest financial compensation, around 70% of your after-tax income.

How are dependency claims calculated?

In fetal accident cases, the plaintiffs are entitled to claim the amount of compensation to maintain the same living standard that they had enjoyed before.

Basically, the amount is calculated based on the dependency rate, around 70% of the deceased spouse’s after-tax income.

What is the object of the Fatal Accident Act 1855?

The object of the Fatal Accident Act 1855 is to get compensation for the death of a person that is caused by wrongful acts, neglect or default of another person. The law deals with the recovery of damages.

Who can claim under Fatal Accidents Act?

The parent, child, spouse or interdependent partner can claim compensation for the death under the Fatal Accident Act. They can claim the loss of care and the financial damage they face.

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