Alberta Fatal Accidents Act: What Families Need to Know About Their Rights

posted in: Personal Injury

We understand that there is no amount of money in the world that could ease the pain of losing a loved one, especially due to negligence or wrongdoing of another individual. With such great losses comes many challenges. However, one thing you should not have to worry about is the financial stress of losing a loved one during a time of grief, confusion, and stress. The Alberta Fatal Accidents Act (the “FAA”) allows grieving families to seek compensation from the party responsible for their loved one’s wrongful death, which usually involves seeking compensation from the responsible party’s insurance company.

The FAA establishes that it does not matter how the fatality occurred, whether it be in a motor vehicle accident, due to medical malpractice, or as a result of criminal activity. If the death of your loved one was caused by a wrongful act, you should be able to obtain compensation under the FAA. For the purposes of this blog, however, we will be focusing on fatalities that arise from motor vehicle accidents.

How to Obtain Damages Under the Fatal Accidents Act

Compensation under the FAA is not automatically obtained. The family of the deceased loved one must make a claim against the at-fault party and establish liability. The process of establishing liability is very similar to the approach taken in a personal injury claim and involves the consideration of various factors, such as the vehicles’ pre-and post-impact speeds, whether the accident could have been avoided, visibility issues, and seat belt usage.

For more information on establishing liability in a motor vehicle accident, please see our blog post “Fault and Liability for Motor Vehicle Accidents in Alberta.”

Eligibility to Advance a Claim

Per Section 3 of the FAA, the following people of a deceased loved one are able to advance a claim:

• Spouse
• Adult interdependent partner
• Parent (mother or father)
• Child (son or daughter)
• Brother or sister
• Executor or administration of the person deceased

If multiple people from this group wish to advance a claim, they must do so collectively. For example, a spouse and brother of a deceased loved one cannot make two separate claims. The spouse and brother must collectively advance a claim to obtain damages and/or benefits as established in Section 4 of the FAA.

Types of Damages That May Be Awarded

There are two different types of damages that can be awarded per Section 7 and 8 of the FAA.

Under Section 7, an eligible person may be able to receive the following benefits:

• expenses incurred for the care and well‑being of the deceased person between time of injury and death;
• travel and accommodation expenses incurred in visiting the deceased between time of the injury and death;
• expenses related to the funeral and the disposal of the body of the deceased; and
• grief counselling.

Section 8 of the FAA sets out the amount of compensation a son or daughter, mother or father, and/or spouse or interdependent partner may obtain for bereavement damages. These damages are meant to provide some compensation for the loss of the guidance, care, and companionship of the deceased loved one. The bereavement damage caps are as follows:

• Each child can obtain $49,000.00
• Parents can obtain $82,000.00, which will be divided equally if the claim is advanced by both parents
• A spouse or interdependent partner can obtain $82,000.00. It is important to highlight that the court will not award damages under this section if the spouse or interdependent partner was living separate and apart from the deceased loved one at the time of death.

To put into perspective, if a married mother with one child passed away, and her father was still alive, the family could obtain $213,000.00 from the FAA. The child could receive $49,000.00, the spouse could receive $82,000.00, and the father could receive $82,000.00.

What the Courts Have to Say About the FAA

In the last five years, there have few written decisions referencing the FAA. A primary reason for the lack of cases is because the FAA establishes exactly what someone can or cannot do and how much they are entitled to, there is little reason for parties to litigate such cases.

Are there any more benefits I can access?

If you’ve lost a loved one to a motor vehicle accident, there are two broad categories of compensation available to you in addition to the FAA. The first category is accident benefits, which are sometimes called Section B benefits. The second category of compensation would be from the negligent driver’s insurance.

For more information on the compensation available, please see our blog post titled “Section B Benefits.”

Take the First Step Towards Justice – Contact KMSC Law’s Injury Law Team Today

The loss of a loved one is an overwhelming experience, and navigating the legal system can feel daunting during such a difficult time. The Injury Law Team at KMSC Law is here to guide you through every step of the process, ensuring that your family’s rights are protected and that you receive the compensation you deserve under the Alberta Fatal Accidents Act.

Contact us today for a free, no-obligation consultation. Our compassionate team is ready to listen to your story, answer your questions, and provide the legal support you need to focus on healing. Let us help you seek justice and secure the financial support necessary to move forward.