Understanding Wrongful Death Claims in Alberta
Losing a loved one is one of the most difficult experiences a family can endure. When that loss is caused by negligence, whether through medical malpractice, a motor vehicle accident, or another preventable incident, the grief is often compounded by questions of justice and accountability. In Alberta, the law provides a framework for families to pursue compensation in these tragic circumstances, but navigating the system can be complex without experienced legal guidance.
Historically, the common law did not allow families to sue for wrongful death. If a victim died, their legal rights “died” with them, leaving surviving spouses, children and parents without recourse. Over time, legislatures recognized the unfairness of this legislation now govern these claims: the Survival of Actions Act and the Fatal Accidents Act. Together, they ensure that certain rights of action continue after death and that close family members can seek compensation for their loss.
The Survival of Actions Act allows the deceased’s estate to continue a claim the victim could have brought had they survived. However, the damages are limited to actual financial losses suffered by the deceased or their estate, excluding pain and suffering. The Fatal Accidents Act goes further, creating a distinct right of action for family members such as spouses, children, and parents. This law provides for bereavement damages, set amounts prescribed by statute, as well as compensation for loss of dependency, which can include financial support and household contributions that the deceased would have provided.
While the legislation sets out who can bring a claim and what damages may be recovered, the process is rarely straightforward. Complex family structures, such as blended families or estranged relatives, can affect the litigation. In some cases, investigators and even the courts may need to determine legal relationships before a claim can move forward. Additionally, strict limitation periods apply, meaning families must act quickly to protect their rights. A delay in filing can result in a complete loss of the ability to pursue a claim.
For families, these legal details can feel overwhelming during a time of grief. That is why it is important to seek advice early from a lawyer experienced in wrongful death claims. A legal team can identify the eligible beneficiaries, gather the necessary evidence, and calculate fair compensation. Just as importantly, pursuing a wrongful death claim can provide families with recognition of their loss and accountability for the harm that was caused.
At our firm, we are dedicated to guiding families through these difficult cases with compassion and clarity. While no amount of money can replace a loved one, the law is designed to provide some measure of justice and financial security. By understanding your rights under Alberta law, you can make informed decision about the path forward.
If you have lost a loved one due to negligence, we invite you to contact us. Our lawyers can explain your options, answer your questions, and stand by your side in seeking accountability and justice.