Wrongful Death Lawyers Red Deer

Wrongful death refers to a situation where a wrongdoer’s negligence causes the death of a loved one.

Negligence in a wrongful death case is similar to other types of negligence, except the victim dies as a result of the negligence. This occurs in car accidents, but also other types of premises liability cases and negligence.

The only people who are allowed to sue for wrongful death are set out by statute in the Fatal Accidents Act, RSA 2000. Those people are the victim’s spouse or partner, child, mother, father, or sibling.

Yes, all the people listed in the Fatal Accidents Act can sue for wrongful death, but they all have to be done in one lawsuit.

There are set amounts of compensation under the Fatal Accidents Act, which outlines that $82,000 for a spouse, $82,000 for the parents (either split or all to one), and $49,000 for each child is available for loss of guidance, care, and companionship, as well as for grief. Other types of damages that can be claimed include travel expenses, funeral expenses, grief counselling, and loss of dependency and household services.

The damages for grief and loss of guidance, care, and companionship are set by statute. The other types of damage must be proven with evidence. Loss of dependency and household services may require an expert opinion.

Yes, there is a general limitation period of two years, which starts when the cause of action arises.

You can sue for wrongful death under the name of the executor or administrator of the estate if the estate is also bringing a lawsuit regarding the fatal accident. If the estate or administrator is not bringing an action, then the victim’s family can start a lawsuit in their own name against the wrongdoer.

Wrongful death claims are similar to personal injury claims and require a careful analysis of fault and damages. These claims are defended by sophisticated insurance companies, which the law places in an adversarial relationship with the victim’s family. A personal injury lawyer can help level the playing field.

The wrongdoer is responsible for a wrongful death. Most of the time, the wrongdoer will have insurance that makes an insurance company responsible.

Proving liability can be an issue for a family in a wrongful death case. In most personal injury cases, the victim is the primary liability witness for the plaintiff’s case. In wrongful death cases, the victim is unable to provide evidence. Liability must then be shown with other evidence, either through other witnesses or expert opinions.

The death of a loved one is a stressful and emotional situation. Nevertheless, the earlier a wrongful death lawyer is contacted, the better. Fault for an accident is something that is best examined when the incident is fresh. A lawyer can help with early investigation to determine what happened and if someone is at fault.

Yes, funeral expenses are expressly recoverable under the Fatal Accidents Act. 

If the fatal accident was caused by a motor vehicle accident, then there are likely Section B benefits available that will assist with expenses and provide some financial compensation early in the process, regardless of who was at fault for the accident. The Fatal Accidents Act also allows for the claiming of grief counselling as damage.

The length of time depends on many factors. If the fault for the accident is clear, and there is no significant loss of dependency claim, then a wrongful death claim can be settled quickly, as most of the damages are set by statute or will be reimbursed for money spent on certain services. However, if liability is an issue or there is a significant loss of dependency claim, then a wrongful death claim could take several years to fully resolve.