What is considered Wrongful Death?
In short, a claim for Wrongful Death is a claim brought by a beneficiary or a dependent of the deceased person against the person or company responsible for the death.
In Alberta, by virtue of the Fatal Accidents Act, RSA 2000, c. F-8 (as amended), an action is now possible on behalf of survivors (sometimes called beneficiaries or dependents) where, to quote from section 2, “the death of a person has been caused by a wrongful act, neglect or default”. But the right to sue is limited. First, by virtue of other language in section 2, survivors can only sue if the deceased herself could have sued, and sued successfully, were it not for her death; to this extent the survivors’ action is derivative. Secondly, only authorized survivors can sue (see in particular sections 3(1) and 8(1)), and thirdly, they can only sue for authorized damages. The basic damages section is section 3(1), which provides that “the court may give to the persons respectively for whose benefit the action has been brought those damages that the court considers appropriate to the injury resulting from the death”, though, in addition, section 7 allows recovery of some specified “expenses and fees”, while section 8 provides fixed sums for “grief and loss of the guidance, care and companionship of the deceased person”.
How We Can help You
In the event of a devastating accident caused by the wilful or unintentional action of another person, a wrongful death lawyer can help surviving family during a time of confusion and loss. Your partner at RecoverWell Injury Law can provide access to any necessary grief and relationship counselling, as well as guide legal proceedings and co-ordinate the details of required insurance paperwork.
Our skilled team brings both expertise and compassion to your case, understanding that the process of a wrongful death claim can be difficult to manage when recovering from a traumatic experience, and that your loss is both emotional and economical. Above all, your wrongful death lawyers at RecoverWell Injury Law serve the memory of your loved one as your trusted advisor and committed advocate, at a time when your life has been changed and your rights and benefits may be compromised.
Contact Us Today
If you or a loved one has suffered the wrongful death of someone you depend on, contact the dedicated wrongful death lawyers at RecoverWell Injury Law LLP for a FREE CONSULTATION at 1 (844) 512-4098 or fill out our enquiry form and someone will contact you as soon as possible. You pay no fees until your wrongful death case is won or settled.