Wrongful Death Claims

When tragedy strikes, the close relatives of wrongfully deceased accident victims may experience shock, disbelief, anger, depression, and difficulty coping with everyday life. Unfortunately, this emotionally fraught time can be even more difficult to endure when a loved one’s death was caused by someone else’s negligence.

There is no prescribed, universally recognized timeline for managing one’s grief. Grief is a singular process, unique to each individual mourning the loss of their loved one. Unfortunately, for grieving members of wrongfully deceased accident victims, there is only a short period of time in which to pursue legal action to recover damages.

No amount of money can cure the heartbreak that follows after losing a loved one in a senseless, preventable accident. However, by pursuing a wrongful death claim against the parties responsible for a loved one’s premature passing, eligible relatives may recover a sense of closure, as well as the financial losses they have incurred as a result of their family member’s death.

After losing a loved one, it can take months or even years for bereaved relatives to work up the strength to pursue a wrongful death claim. However, in accordance with the province’s Limitations Act, eligible family members have only two years from the date of their loved one’s passing in which to begin legal proceedings.

Given this narrow window of time in which to act, it is often beneficial for the family members of deceased accident victims to work with a wrongful death lawyer. At Preszler Injury Lawyers, our wrongful death lawyers can handle all aspects of our clients’ claims so that they can focus on their emotional recovery.

If you and your family are considering filing a wrongful death claim, there is no time to waste. Contact our legal team today to schedule your free initial consultation.

Who Can Pursue a Wrongful Death Claim in Alberta?

In accordance with the province’s Fatal Accidents Act, only certain people are eligible to pursue wrongful death claims after losing a loved one. These eligible claimants include:

  • Spouses
  • Adult interdependent partners
  • Parents
  • Children
  • Siblings

All wrongful death claims must be brought by the executor or administrator of the deceased person’s estate, and must be in their name. If the deceased accident victim had not named an estate executor or administrator, or if they did not bring the action within one year after the fatal accident, the family members who stand to benefit from the action can pursue the claim in their own names.

If multiple family members wish to pursue a wrongful death claim, they all must all bring the same action. They cannot pursue individual actions for damages arising from the same person’s wrongful death.

What Damages Might Be Available?

Depending on the manner in which an accident victim lost their life, their eligible family members may be entitled to different avenues of financial support. If the wrongfully deceased party was killed as the result of a motor vehicle accident, their relatives may be able to recover compensation in the form of Section B benefits.

Also referred to as “no-fault accident benefits,” Section B benefits are included in all basic auto insurance plans in the province. They provide much-needed financial support to injured accident survivors and the families of fatal accident victims. In the unfortunate event of a car accident resulting in a fatality, Section B benefits can provide:

  • Up to $6150 for funeral service expenses
  • Up to $500 per household member for grief counselling
  • Up to $10,000 in death benefits

In addition to these benefits, eligible family members who lost a relative because of another party’s negligence may be able to pursue a wrongful death claim to recover compensation for their ensuing financial losses. These might include:

  • Loss of financial support
  • Loss of childcare support
  • Loss of consortium
  • Loss of expected earnings
  • Funeral expenses and burial costs
  • Grief counselling
  • And possibly more

Each living child is also entitled toβ€―$49,000.00, while surviving parents can claim $82,000 to account for their emotional losses.

Contact Our Legal Team Today

Losing a loved one in an unexpected accident caused by someone else’s negligence can be a traumatic and devastating experience. Family members often experience a range of extreme emotions, including anger. This is particularly true for bereaved relatives who feel that their loved one’s accidental death could have been prevented or if they perceive that justice has not been served.

By working with our legal team, families in mourning may be able to find a way to move past this life-changing event, together. We have experience holding negligent parties accountable for their actions, pursuing financial compensation for damages incurred by grieving relatives as a result of their loved one’s untimely passing, and helping people in mourning come to terms with their loss.

We have assisted numerous families whose relatives were tragically killed as the result of:

  • Car accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Motorcycle accidents
  • Truck accidents
  • Snowmobile accidents
  • Dog attacks
  • Slip and fall accidents
  • Accidents on someone else’s property
  • And more

If someone else’s negligence caused an accident in which your close relative’s life was cut short, contact us for legal help. At Preszler Injury Lawyers, our clients do not pay unless we win. There are no upfront fees, no out-of-pocket expenses, and no charge associated with an initial consultation.

 

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