There was an argument about whether or not the defendant was on the job at the time and under the workers Compensation Act of Alberta if he was on the job, and our clients husband was on the job, then there is not a civil. Therefore there was a great risk if the defendant was found to be on the job that there would not be a claim at all. We had to proceed to the workers Compensation Appeals board to prove that the defendant was not on the job and thus a civil claim could be pursued. Nevertheless, our firm pursued this matter through several appeals and was successful in achieving a settlement before trial of 1,382,864.00 for the widow and 3 children securing her future, and the future of her children with funds payable to the children when they turned. Updated for inflation to 2017 the award would be 1,471,595.00. This was a high risk case for our firm which we pursued on behalf of our client as we strongly believed in the position of our client and her right to entitlement for the wrongful death of her husband and to receive benefits under the. The deceased was diagnosed with breast cancer and brought a malpractice action against the defendant.
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The matter proceeded through questioning and extensive document production and extensive agricultural experts combined with economic experts resulting in competing assumptions turning the case into a war of experts. As well, there was an issue of liability for the collision itself in other words, who was at fault. The matter was ultimately settled one month before a scheduled three and a half week trial for 1,256,428.00, plus cost of the victims experts paid by the defendant auto insurance company, updated to 2017 dollars is 1,337,046.00. In an unusual case the husband murdered his wife leaving a 10 year old daughter surviving. The deceased mother was age 31 at the time working as a school teacher. The court allowed the daughter 54,700.00 for past loss of dependency, 165,000.00 for future loss of dependency, 129,000.00 for past loss of household assistance and childcare, 172,000.00 for future loss of household assistance and childcare, 35,000.00 for loss of guidance and 58,600.00 for public guardian. Note this is an award for a 10 year old daughter, and in British Columbia there is not an amount specifically set aside for bereavement for the grief of the survivors. Handel Law Firm acted for a lady who lost her husband due to the defendants negligence in veering over the center line at. And crashing head on into our clients husband. The deceased left surviving his wife and 3 children.
Of course, this is not the case as injury victims in Alberta are routinely compensated for general damages for pain and suffering as well as their loss of income which flowed from those injuries which caused pain and suffering. The total Judgment was for 343,000 plus costs. This total award does not include any dependency loss on income just loss on housekeeping capacity, tax gross-up, bereavement and special damages. There was no loss of income on dependency because the widows income (as a teacher) was so much higher than the decedents income. Handel Law Firm acted for a lady in her thirties who lost her husband who was a farmer brief and left behind three children. The complicating factor in the calculation of the future loss of dependency on the farming income was the fact that the deceased farmer also in his thirties had a loose undefined partnership farming operation with other family members. This made calculating the loss of future income complicated. To further complicate matters, the deceased farmer also had an off-farm job at which he was paid very well.
Finally, in this case the widow claimed for a personal loss of income as she was unable to return to her job as a teacher after the death of her husband and indeed brief was on disability payments receiving only 70 of her income for three. Thus, she claimed for the 30 loss she would have earned. Unfortunately, the personal injury lawyer for the widowed victim (following previous case precedents) did not lead medical or psychiatric evidence as to the extreme amount of grief and depression she suffered after the loss of her husband and therefore the court did not award this. The court wrongly concluded, in Handel Law Firms opinion, that any income loss that the widow suffered was occasioned by the bereavement and sorrow she felt as a result. Bakers death as such it is essay not separately compensable under the fatal Accidents Act of Alberta, page 32, paragraph 203. In our respectful opinion, even if the income loss is occasioned by bereavement and sorrow, the claim is for incapacity because of wrongful death. Bereavement damages in Alberta are just general damages for pain and suffering with a stipulated amount. Bereavement and sorrow, even though compensable under the fatal Accidents Act, does not specifically preclude a loss of income flowing from the wrongful death. If it did, any injury victim who receives compensation for general damages for pain and suffering, would be precluded, on Justice neufelds reasoning from obtaining a loss of income claim.
No one can predict with certainty how a persons career might have unfolded had his or her life not be brought to an untimely end. Paragraph 99, page. With this daunting task the court rightly noted that future events need not be proven on a balance of probabilities (which is appropriate for past events but only on simple probability which is something more than mere speculation and the case is made out for. Predicting the deceaseds future income is a complex calculation requiring an analysis of the deceaseds academic and work related qualifications, his employment history, and the financial situation of any company that the deceased was running at the time of his death. In this particular case, the loss of dependency calculation on income was low because the deceased had almost a non-existent income through very poor entrepreneurial investments or business ventures over the 8 years prior to his death, with the result that the court concluded the. Thus, the loss of dependency on income for the widow and child is of course lower. In calculating the loss of dependency of household services the court found that the deceased was active in the household and spent a considerable amount of time on household maintenance and upkeep as well as cooking, cleaning and child rearing. Thus, the court accepted the surviving widows estimate of the deceaseds weekly time spent on household services even though the estimate exceeded the canadian statistical average by over two times. Again, the court had the economic experts re-calculate the loss of dependency on housekeeping amount based upon the courts accepted assumptions and thus we do not have an exact amount in the judgment.
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This amount is updated for inflation. Another head of damages is a loss of housekeeping services claim, which is particularly important and can be quite large for the deceased who was summary primarily responsible for taking care of the household and child rearing. This calculation is made based upon the hours the deceased worked in the household for such items as shopping, meal preparation, cleaning, child care, transportation services, maintenance, repairs indoor and outdoor, etc. Wrongful death claims are a complex area of law that results in very different claim amounts depending on which family member was the victim of a fatal motor vehicle accident. In the event who was at fault for the accident is not immediately clear, it is very important to seek legal counsel as soon as possible to preserve any evidence from essay the motor vehicle accident. This was a fatality action in Alberta brought by the widow for the death of her husband on november 05, 2010. The decision was rendered October 04, 2016 from a trial heard April 08 to may 12, 2016.
The widow and her infant son sued the defendant for wrongful death claiming: Damages for sorrow and bereavement, loss of income for the widow (Mrs. Baker) while she was on long term disability due to grief, Special damages, past and future economic contributions to the baker household by the deceased including past and future loss of housekeeping, loss of dependency for household income and financial services. Baker was an entrepreneur at the time of his death but had a higher earning previously as a full-time school teacher which complicated the calculation of the loss of dependency on income for the widow and surviving child. The deceased was 56 years old at the time of his death, his surviving widow, also a full-time teacher was 54 years old and his son was 14 years old. Before calculating the loss of dependency on income calculation, the court stated, the estimation of pecuniary loss due to a wrongful death can be a daunting exercise.
Subtract the income taxes that the deceased would have paid to arrive at a net income. Add the annual cash value of the fringe benefits the deceased had at work for such benefits as a pension plan, health benefits, dental benefits and disability benefits all of which can be calculated to result in a cash equivalent to be added to the. Then a deduction must be made for the deceaseds personal expenditures that he or she would have made had he or she survived. This amount can vary depending on the number of people in the family with 20 as a benchmark. The amount of personal expenditures decreasing as the number of children increase. Then apply a divorce contingency deduction on the basis that many marriages end in divorce.
Finally, depending upon the age of the deceased, a re-marriage contingency would also be applied. The amount now arrived at is the potential settlement amount for the loss of dependency head of damages only. As this is paid immediately and in full on settlement or Judgment, a present value calculation must be made to reflect the fact that the recipient can invest the lump sum and earn additional income which would result in over compensation if a deduction for. Above is the calculation for the loss of dependency claim, in addition to a loss of a dependency claim family members also have an amount claimable for the grief, and loss of care, guidance, and companionship. As of may 1, 2013 in Alberta the amount for bereavement for fatal collisions occurring after may 1, 2013 is 82,000 to a surviving spouse or interdependent partner, 82,000 to the parent or parents divided equally, and 49,000 to each surviving child of the deceased. Interest is added to these amounts to the date of payment or settlement of the fatal car accident insurance claim.
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B) Travel and accommodation expenses incurred in visiting the deceased between the time of the injury and death. This resumes may be claimed by the spouse, adult, interdependent partner, parent, child, brother or sister under section 7(b) of the faa. 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 may be claimed by the spouse, adult interdependent partner, parent, child, brother or sister under section 7(c). Simple proof of actual expenses is all that is needed. D) fees paid for grief counselling that was provided for the benefit of the spouse, adult interdependent partner, parent, child, brother or sister of the deceased, which is claimed under section 7(d) of the faa. Proof of actual expenses needed. If the deceased was gainfully employed supporting or partially supporting a spouse and children, the claim that can be made is very large as it calculates the deceaseds future income over the balance of the deceaseds working life had he or she lived. This is called a loss of Dependency Claim. The calculation, for example, for a deceased family income earner would be as follows: Calculate the expected gross income of the deceased had he/she lived over the balance of the deceaseds working life utilizing the deceaseds historical earning rate updated for inflation, which may also.
Book a senior free consultation with one of our personal injury lawyers in Red deer, or, edmonton. Alberta car Accident Settlements benefits. If you have been involved in an auto vehicle accident in Alberta, you may be entitled to significant financial compensation for your losses. Your Alberta car Accident Settlements may include an amount for general damages for pain and suffering, inconvenience and loss of amenities of life, as well as all other losses which flow from the motor vehicle collision such as wage loss, past and future, loss. Wrongful death Claims, the amount that can be claimed for a wrongful death is a function of who is left behind. For example, the sole income earner in a family at a young age with a spouse dependant on the deceaseds income along with children will result in a very large claim. Whereas the tragic loss of a child unfortunately, in the eyes of the law, only awards an amount for the grief, and loss of care, guidance, and companionship to the parents, plus out of pocket expenses for the funeral and burial. Under the, fatal Accidents Act (FAA) of Alberta claims which may be made include the following: a) Expenses incurred for the care and well being of the deceased between time of injury and death may be claimed by a spouse, adult interdependent partner, parent, child.
loss of housekeeping Claim. Pinched Nerve, post-Traumatic Stress Disorder, paraplegia, quadriplegia. Spinal Compression Fractures, pre-existing Injuries, tmj injury, whiplash (Moderate). Whiplash (severe multiple Injuries, caution: All the legal precedents on this page were obtained through years of work by personal injury lawyers taking complex medical-legal cases to trial against a reluctant multi-million-dollar auto insurance company intent on paying the least amount. Victims of auto accidents without legal counsel have neither the knowledge and experience or the leverage of taking their case to trial to force a multi-million-dollar auto insurance company to pay a fair settlement. If you are an unrepresented victim of a motor vehicle collision it is highly recommended you obtain legal counsel if you wish to even remotely come close to the dollar values in the case precedents shown on these pages. If you have been injured in a serious accident our team can help you receive the compensation you deserve.
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