Fatality Claims

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Filing a wrongful death claim after a tragedy can be one of the most difficult things you’ll ever have to do. It’s important to have a competent, compassionate wrongful death and fatality claims lawyer by your side to help you navigate your legal options. When someone dies from causes that could have been prevented, a wrongful death lawsuit can help the family members left behind to grieve, seek justice, recover compensation for lingering costs, and receive sufficient coverage for monetary amounts that would have been received if the deceased party had survived. While loved ones are entitled to bereavement claims in Alberta and British Columbia, the process for receiving compensation can be precise. That’s why navigating the claims process with help from a wrongful death lawyer working in Alberta or British Columbia is essential. Take a look at everything you need to know if a loss has just left you seeking legal guidance.

Common Causes of Wrongful Death

Wrongful death cases occur as a result of what can be defined as criminal negligence. While the scope of what can be considered a wrongful death is wide, there are some common causes that entitle surviving family members to fair compensation if criminal negligence can be proven. The list includes:

• Medical malpractice.
• Nursing home negligence.
• Car accidents.
• Swimming pool accidents.
• Work-related accidents.
• Defective products.

Family members can bring settlements to court to represent the person who has been killed as a result of negligent actions. In fact, both the Fatal Accidents Act of Alberta and the Family Compensation Act of British Columbia provide clear pathways for filing fatal accident claims related to various causes of wrongful death. Working with a wrongful death lawyer in Alberta or British Columbia can help you to seek coverage for funeral expenses, grief counselling, loss of care, and much more.

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Understanding the Alberta Fatal Accidents Act

In Alberta, the Fatal Accidents Act applies specifically to cases involving car accidents and medical negligence. It entitles a spouse, adult interdependent partner, child, mother, father, or sibling to make a claim for compassion after the wrongful death of a loved one. Covered costs include:

• Funeral expenses.
• Expenses incurred for visits taking place between the injury and time of death.
• Expenses incurred while caring for the injured family member.
• Grief counselling.

In addition, a spouse or child is entitled to file something called a loss of dependency claim if they were being supported by the deceased at the time of death. The Fatal Accidents Act caps bereavement damages at $82,000 to a surviving spouse or adult interdependent partner, $82,000 to surviving parents, and $49,000 to each surviving child. Surviving family members must make claims for damages within two years from the date of death in order to comply with limitation periods.

Understanding the Family Compensation Act in BC

In British Columbia, the Family Compensation Act provides a path for surviving family members to be awarded compensation following a wrongful death. While more than one survivor may be entitled to compensation, British Columbia’s compensation act for wrongful death only allows for one claim to be made on behalf of all parties. Compensation may include:

• Financial support for those who relied on the deceased’s income.
• Compensation for services and tasks the deceased used to perform. This includes everything from home repairs to gardening.
• Compensation for loss of love, guidance, and training.
• Losses tied to reductions in inheritance.
• Out-of-pocket expenses.

Who can file a bereavement claim in British Columbia? The law makes it clear that this pathway is open to the deceased’s spouse/common-law spouse, children/step-children, and parents/step-parents. If grandparents played the role of parents for the deceased, they may also be entitled to file a claim.

How to File Bereavement Claims in Alberta and BC

If a loved one has passed away due to a fatal accident, medical malpractice, or other cause of wrongful death, you may be entitled to pursue a wrongful death claim on their behalf. The process for filing can vary based on your location within Canada. Calculating losses following the loss of a loved one is always difficult. That’s why having an experienced wrongful death lawyer working on your behalf as you navigate your options in Alberta or British Columbia is essential. Loved ones have just two years to file claims following the date of death. Davie & Associates specializes in wrongful death and fatal accident claim cases here at our offices in Red Deer, Edmonton and Penticton. Let us help you find a way forward after a tragic event that has left you with unexpected costs, losses, and grief. Book a free, no-obligation consultation with Davie & Associates today.

Let us answer your fatality claim legal questions…