If you lost a family member to someone else’s negligence, we offer our heartfelt condolences for your loss. We know this is a challenging time, but we also want you to know you have the right to take legal action against the liable party. If you’re ready to take that step, MNH Injury Lawyers can handle your wrongful death case while you take care of yourself and your family.
If you or someone you love suffered injuries because of another party in Edmonton one of our personal injury lawyers can help you seek financial compensation. Find out how hard we fight for our clients by getting a free review of your case.
Wrongful death cases result from any kind of accident that causes fatal injuries. It can be hard to focus on bringing legal action forward when you and your family are grieving and trying to take care of final arrangements for a loved one. You need support right now, and our Edmonton personal injury lawyers at MNH Injury Lawyers are ready to take care of your
Wrongful death cases are time-sensitive, so we encourage our clients to reach out to us as soon as they can for a free consultation. Once we take on your wrongful death case for you, we ensure it stays on track while seeking fair financial recovery for you.
MNH Injury Lawyers will protect your rights and interests as we file an action against the liable party in your case. The liable party can be a person, a group of people, an organization, or a government agency.
Each province in Canada uses different laws to govern wrongful death actions. For example, plaintiffs filing a wrongful death lawsuit in Alberta can sue under Alberta’s Fatal Accidents Act (FAA).
This Act outlines how the province handles wrongful death cases, including who can bring the action forward.
It also sets the timeline and deadline for these cases.
We will handle all the details concerning the areas mentioned above, but here is a general overview that explains how wrongful death cases work in Alberta.
The surviving family members of someone who would’ve had a personal injury case against a party had they survived can pursue damages on their loved one’s behalf. However, plaintiffs can file only one lawsuit regarding the decedent’s wrongful death, per Section 4 of the Act. Therefore, all claims concerning the deceased family member should be in this one lawsuit. The FAA outlines which family members can claim for the loss of a loved one.
An executor or administrator must bring forth the action on behalf of the deceased family member. They must bring the action forward within a year of the decedent’s death.
If a year passes without the naming of an executor or administrator, then any or all eligible surviving family members who would benefit from the decedent’s passing must bring the action forward.
Our Edmonton wrongful death lawyers will review your case to assess all damages incurred. We will also explain what compensation is available to you. Several factors play a role in what financial recovery could look like in your case.
In Alberta, per the FAA, certain family members can recover a wrongful death award in specified amounts. This includes immediate family members, such as a surviving child, a parent, a spouse, or an interdependent partner. Siblings do not receive a bereavement award under the law. We will explain any exceptions to bereavement damages that could apply to your case. For example, in Section (8)(3) of the FAA, spouses and interdependent partners living separately from the decedent when the person died cannot collect wrongful death damages. Our Alberta wrongful death lawyers at MNH Injury Lawyers will explain eligibility for wrongful death awards in detail.
MNH Injury Lawyers will streamline the filing process to make sure we file your wrongful death lawsuit properly and promptly. We also will ensure you understand all laws and developments that apply to your case. You can ask us any questions you have and express your concerns.
Our personal injury lawyer will first meet with you to learn about your loved one’s death and how it is affecting your family.
Steps we take include the following:
While Alberta’s FAA outlines bereavement damages, this does not mean an insurance company will agree to pay them or pay them in full. Some insurers seek to reduce the award or don’t pay at all. We will take on this challenge for you should it arise.
An insurer may allege the deceased contributed to their death. It may assert that their actions should either cancel the compensation or reduce the amount of compensation owed. We will fight these claims and seek fair compensation for you.
We will take all steps to prove your claim’s validity and use your case’s evidence to prove negligence occurred and that the liable party owes your family compensatory damages.
It is difficult to pinpoint a specific timeline for wrongful death cases. Each case is different and involves various factors
that shape how long it will take to receive payment.
As your wrongful death lawyers, we will work tirelessly throughout the legal process to ensure you recover the compensation you need and deserve at this difficult time.
Alberta has a strict deadline to file a wrongful death lawsuit, so it’s important that you don’t delay seeking legal counsel if you want to file a claim. Your wrongful death lawyer will need time to build a strong case to ensure an optimal outcome.