The Fatal Accidents Act of Alberta permits a legal action to be brought to recover damages for the benefit of certain family members. These family members are outlined in Section 3 which permits only the spouse, Adult Interdependent Partner, parent, child, brother or sister of the person whose death has been caused to be entitled to the benefits. It is important to note that Section 7 of the Act outlines certain damages that a family member may be entitled to such as:
- 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 person between time of the injury and death;
- Expenses of the funeral and the disposal of the body of the deceased, including all things supplied and services rendered in connection with the funeral and disposal; and
- Fees paid for grief counselling that was provided for the benefit of the spouse, Adult Interdependent Partner, parent, child, brother or sister of the person deceased.
Further, under Section 8 of the Fatal Accidents Act of Alberta there is a claim for the grief, and loss of care, guidance and companionship of the deceased. The amount awarded is as of May 1, 2013 is $82,000 for a parent who loses a child, $82,000 for a spouse or interdependent partner who loses a spouse or partner and $49,000 for a child who loses a parent
It is important to note that the value of each claim is case specific and dependent on a variety of circumstances.