Wrongful Death in Alberta: Understanding Your Rights and Legal Options

An unexpected loss of a loved one is always devastating. When this loss happens because of someone else’s negligence, the overwhelming feeling of injustice often intervenes with the bereavement process. Wrongful death claims offer a legal opportunity to claim compensation for the emotional and financial distress associated with the death of a family member. This guide is devoted to wrongful death cases in Alberta and will help you familiarize yourself with the legal processes, your rights, and our service when defending your interests.

WHAT IS A WRONGFUL DEATH CLAIM?

A wrongful death claim is a procedure that establishes a legal right to intervene when one person’s demise results from the act or omission of another. According to Alberta’s Fatal Accidents Act, if the deceased would have been able to bring a claim on their behalf had the incident not been fatal. The following are typical examples of wrongful death claims:

• Deaths due to car accidents caused by a negligent driver
• Medical malpractice
• Work-related accidents caused by an unsafe working environment
• Deaths that result from the liability of a wrong product
• Slip and fall incidents which occur due to the negligence of the property owner

 

For example, suppose a driver runs a red light and kills a motorist. In that case, the deceased’s family can sue the driver’s family for wrongful death. Similarly, suppose a doctor negligently diagnoses a patient with a curable disease and administers a deadly drug. In that case, the patient’s family may sue for wrongful death. However, it is essential to note that not all unfortunate deaths are wrongful death cases. The key to winning such a case is proving that the death would not have occurred had the party not been negligent. Often, this requires an investigation and expert analysis.

WHO CAN FILE A WRONGFUL DEATH CLAIM IN ALBERTA?

Fatal Accidents Act in Alberta outlines which family members may be able to make a claim:

• Spouse or adult interdependent partner
• Parents
• Children (including grandchildren and step-children)
• Siblings

 

Remember that “Adult interdependent partner” is a legal term in Alberta and may apply to common-law partners who have lived together for at least three years or less or if they have a child.

Note: Only one lawsuit per wrongful death case is allowed. This is a unitary claim, and all eligible claimants are required to join in the single claim. This requires a unanimous agreement of family members to proceed with legal action.

WHAT TO DO AFTER A WRONGFUL DEATH

Dealing with the aftermath of a wrongful death can be overwhelming. Here are the steps you should take:

1. Seek Support
   • Prioritize your emotional well-being and that of your family
   • Consider grief counseling or support groups
   • Don’t hesitate to lean on friends and family during this difficult time
2. Gather Information
   • Collect all relevant documents (medical records, police reports, etc.)
   • Note down any expenses related to the death (funeral costs, medical bills, etc.)
   • Keep a journal of how the loss is affecting you and your family
3. Report the Incident
   • Notify relevant authorities if not already done (e.g., police for car accidents)
   • In workplace incidents, ensure the employer has reported to Occupational Health and Safety
4. Consult a Lawyer
   • Speak with an experienced wrongful death lawyer to understand your rights and options
   • Bring all collected information to your initial consultation
5. Preserve Evidence
   • Keep all related documents and communications
   • Don’t discuss the case on social media
   • If possible, preserve any physical evidence related to the incident
6. Be Cautious with Insurance Companies
   • Don’t provide recorded statements without legal counsel
   • Don’t accept any settlements without consulting a lawyer
   • Remember that insurance adjusters work for the insurance company, not for you

Taking these steps can help protect your rights and strengthen your potential claim. Remember, while taking legal action may feel overwhelming during this time of grief, it’s often necessary to secure your family’s financial future and hold negligent parties accountable.

TYPES OF COMPENSATION AVAILABLE

In the state of Alberta, wrongful death claims offer two primary forms:

1. Bereavement Damages

• Some of these are legally mandated, and include:
• $82,000 to their spouse or adult interdependent partner
• $82,000 to the parent(s) if two parents both make a claim they will share equally
• $49,000 to each surviving child

 

The amounts are prescribed by the Fatal Accidents Act as a means of compensating family members for their grief and loss of companionship. It is also worth mentioning that these numbers can be changed by the government and they might give you new fee-lists.

2. Financial Losses

Eligible family members are allowed to claim compensation for such damages as:

• Loss of financial support, i.e., the expected income and benefits of the deceased, that the family would have received.
• Loss of household services, meaning the services and everyday support that the deceased would have been able to provide in the future, taking care of children, elderly, pregnant or sick family members, care for the disabled, and other services that the family would have used.
• Funeral expenses: reasonable costs related to the preparation and burial of the deceased.
• Medical expenses related to the injury and death: all medical costs associated with the final incident
• Travel expenses in connection with relatives’ visits during their medical care in the hospital.
• Cost of counselling to help relatives to deal with their emotions in connection with the fatal event.

 

For instance, in case a 40-year-old parent dies as a result of an accident at work and has two children, 4 and 6 years old, the family of the deceased parent may claim the following compensation:

• Parental wage before reaching the retirement age
• Compensation for the loss of family services and taking care of children
• Expenses of the funeral
• Cost of visits of children to a psychologist

 

Working with a qualified attorney who can calculate all the losses correctly is essential. It should be stressed that often, to quantify these losses, lawyers work with economic experts to project future losses and calculate the true financial impact of the death.

THE LEGAL PROCESS: WHAT TO EXPECT

Understanding the legal process can help you feel more prepared and less anxious about pursuing a wrongful death claim. Here’s what you can expect:

1. Initial Consultation
   • Meet with a lawyer to discuss your case
   • Bring all relevant documents and be prepared to share details about the incident and its impact
2. Investigation
   • Your lawyer gathers evidence and assesses the claim
   • This may involve interviewing witnesses, consulting experts, and reviewing official reports
3. Filing the Claim
   • Your lawyer prepares and files the legal documents, known as the Statement of Claim
   • The defendant (the party being sued) is served with these documents
4. Negotiations
   • Discussions with the defendant’s insurance company or legal team
   • Your lawyer will work to secure a fair settlement without going to trial
5. Settlement or Trial
   • Most cases settle out of court, but we’re prepared for trial if necessary
   • If a settlement is reached, you’ll need to sign a release form
   • If the case goes to trial, your lawyer will present your case before a judge or jury
6. Compensation Distribution
   • Funds are distributed among eligible claimants
   • Your lawyer can help mediate if there are disagreements about distribution

Remember: In Alberta, you typically have two years from the date of death to file a claim. This is known as the statute of limitations. Don’t delay in seeking legal advice, as building a strong case takes time.

CHALLENGES IN WRONGFUL DEATH CASES

The most frequent impediments encompassing the given type of cases are as follows:

• Proving negligence as the other side might be reluctant or defensive.
• Contributory negligence – the other party may argue that the injury was at least partially the fault of the individual who has died.
• Emotional and mental stress – a sense of powerlessness may arise, and you may long to see and hear your significant other again to support each other.
• Quantifying damages, especially future losses: it will be necessary to calculate the impact of a person’s death on your family’s financial status, the most challenging part being the calculation of their future lost income and services, which may require some cooperation with economic experts.
• Coordinating claims among multiple family members: disagreements as to how to pursue the claim and distribution of the received compensation.
• Navigating insurance company tactics- insurance companies may try to get away with as little payout as possible. You may be pressured into an early settlement that is less than what you deserve, or your statements made soon after the incident may be used against you.

 

Our experienced legal team is prepared to help you navigate these challenges. We’re here to handle the legal complexities while you focus on healing.

TAKE ACTION: PROTECT YOUR RIGHTS

Experiencing the death of a loved one is heartbreaking. Nothing can ever bring your loved one back. Still, a wrongful death lawsuit offers financial security in an uncertain future and some peace of mind.

Here at Affinity Law, we believe in:

• Walking beside you every step of the legal process
• Advocating on behalf of your loved one, maintaining grit and tenacity with both insurance companies to attain justice whenever it can be achieved for a grieving family because there is no such thing as closure in these circumstances; loss is permanent

 

We are client-centric in our approach. We know every family has different circumstances, and we customize our approach to fit you individually, whether to encourage a fast settlement or prepare for trial with your best interests in mind.

Get in touch with us today for a free consultation. Our experienced team can help you through this challenging process and fight to get the justice your family needs.

Act now: Contact Us at (+1) 780 938 1147, or schedule your no-charge consultation on our site! Our compassionate team is ready to stand in your corner and fight for the justice of your loved one.

We can be your voice in the action for justice and peace of mind you seek for a victim within your family. At Affinity Law, you do not just have a lawyer on your side; you receive an ally who will fight for justice by your side.