Wrongful Death Accidents
The Alberta Fatal Accidents Act permits specified relatives of a fatal accident victim to sue the party deemed responsible to determine if the death was caused by a wrongful act, as defined under the legislation.
Specified dependants of the wrongfully killed may then sue for financial compensation. Parents and spouses may be entitled to as much as forty thousand dollars for bereavement, while the children of the deceased may be entitled to as much as twenty five thousand dollars without any evidence of monetary damages.
The act also allows for specified dependants of the wrongfully killed to sue for additional damages when it can be shown that they might reasonably have expected an ongoing monetary gain had the deceased remained alive. Most lawsuits of this type are resolved through negotiations between lawyers for the two sides without going to trial. In the event of a trial, the courts must decide an appropriate sum to financially compensate the family of the deceased for their loss. Dependants may also recover financial damages for the loss of care and guidance.
As there are limitation periods, relatives contemplating a wrongful death suit should consult Braithwaite Boyle accident injury lawyers as soon as possible.