PEI Fatal Accident Lawyers

On Prince Edward Island a fatal accident produces two claims, and a PEI fatal accident lawyer brings them in one action. The family’s claim is under the Fatal Accidents Act. The estate’s is under the Survival of Actions Act. Both are filed in the Supreme Court, and the two years run from the death.

What the Fatal Accidents Act Gives the Family

The Fatal Accidents Act, RSPEI 1988, c F-5 gives the spouse, children, parents and, in defined cases, other relatives of a person killed by a wrongful act a claim for the loss the death caused them. That means the support the deceased would have provided, the household services they performed, and the loss of their care, guidance and companionship. The executor or administrator brings the action for the benefit of the family. The Act lets one or more dependants sue for all dependants, or the personal representative sue for all.

What the Survival of Actions Act Keeps Alive for the Estate

The Survival of Actions Act, RSPEI 1988, c S-11 keeps the deceased’s own claim alive for the estate. Pain and suffering between the injury and the death, expenses, and funeral costs. It does not duplicate the dependants’ claim for lost support.

The Two-Year Limit a PEI Fatal Accident Lawyer Works To

The Statute of Limitations, RSPEI 1988, c S-7 applies two years, counted from the death. A criminal charge against a driver does not extend it. Neither does a coroner’s process. The estate needs probate or letters of administration before it can sue, so that application starts at once.

Dependency Is the Largest Head of an Island Death Claim

Dependency is the largest head. It is the deceased’s projected earnings, less what they would have spent on themselves, over the years the household would have relied on them, proven with an economist’s evidence. Loss of guidance and companionship is a conventional award per claimant. Where a vehicle was involved, the striking vehicle’s insurer pays Section B death and funeral benefits regardless of fault under the Insurance Act. WCB PEI pays survivor benefits for a workplace death and bars a claim against the employer, but not against a negligent third party. The minor injury cap has no application to a death.

The Action Is Filed in the Supreme Court of Prince Edward Island

This action goes to the Supreme Court of Prince Edward Island. In a road death the liability evidence comes from the RCMP or municipal police reconstruction. In a workplace death it comes from the WCB PEI or Occupational Health and Safety investigation.

Does a Common-Law Partner Qualify?

The Act does not define a cohabiting spouse, so a partner’s status is checked against the facts. We confirm the current wording against the facts on the first call.

The At-Fault Driver Died As Well.

The claim proceeds against that driver’s estate. Their auto insurer pays, or the Facility Association where there was no insurance.

Should We Wait for the Criminal Trial?

No. The civil claim has its own two-year limit and a lower standard of proof. It proceeds alongside, and we use the conviction if one comes.

What Does Bringing the Claim Cost the Family?

Nothing up front. The fee is a percentage of the recovery and we carry the expert costs.

Related reading: what happens to a lawsuit when the plaintiff dies and the fatal accident guide. See results and our other injury law areas.

No Fee Unless the Claim Resolves

The first call is free. There is no fee unless the claim resolves. Contact us, or read what we can do.