My Spouse was killed – what do I do now for the children and the household?

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My Spouse was killed – what do I do now for the children and the household?

My spouse took care of the household chores and our children but was killed in a motor vehicle accident

In a situation where your spouse was at home either full-time or part-time taking care of the children and the household and is killed in a car collision, the surviving widow or widower and children have a significant claim for the loss of dependency upon the household capacity and childcare. This amount is calculated by determining the number of hours per week the deceased spouse spent on household chores and taking care of the children. As this weekly amount comes from the survivor, it is not direct evidence and so the Court will also look at expert evidence from Statistics Canada regarding the amount an individual of a certain age, with a certain educational income, and a certain number of hours in employment, and will provide statistics on the number of hours that person would typically provide doing household chores and childcare.

A third way is to hire an occupational therapist who will interview the family and visit the family’s home and compile information about the deceased parent’s role and compare that to the statistics. The bottom line is this can be a very large claim as even after the childcare component is exhausted when they reach an age when they would have left home, there is still the contribution to the household that the spouse would have made for many years into the future. The Courts typically extend this calculation to age 80.

Therefore, you should contact an experienced wrongful death lawyer even if your spouse was at home full-time or part-time as the amount that may be claimed for the surviving spouse and children is very large as the role of the deceased of course was an integral role in the family and it costs a significant amount of money to hire professionals to come into the home to replace that role so that the family may continue to function with respect to housekeeping chores and childcare as they did prior to the tragic death of the spouse and parent.

Brent L. Handel, Q.C.

By | 2017-07-14T18:17:17+00:00 December 16th, 2013|Fatal Accident Claims|0 Comments

About the Author:

Mr. Brent Handel, J.D., Q.C. is the head of the Personal Injury and Fatal Accident Group at Handel Law Firm in Red Deer, Alberta.

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