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Fatalities and Wrongful Death Claims FAQs

What is a wrongful death claim?

A wrongful death claim is legal action brought when someone’s death is caused by the negligence or misconduct of another person or entity. This allows the deceased’s family members to seek compensation for their loss?

Who can file a wrongful death claim in Alberta?

In Alberta, the spouse, partner, children, parents, or financial dependents of the deceased can file a wrongful death claim.

How long do I have to file a wrongful death claim in Alberta?

Under Alberta law, there is generally a two-year limitation period from the date of death to file a wrongful death claim. However, there can be exceptions, so it’s best to consult an injury lawyer as soon as possible.

How long does a wrongful death lawsuit take?

The duration of a wrongful death lawsuit can vary depending on the complexity of the case and whether the matter is settled out of court or goes to trial. Many cases take several months to a few years.

Does the Fatal Accidents Act cover motor vehicle accidents?

Yes, Under Section 8 of the Fatal Accidents Act, close family members of the deceased have a right to claim for compensation from the wrongdoer for grief, loss of guidance and care and companionship of the deceased person in the amount of $82,000 to the parents of the deceased person to be divided equally, and $49,000 to each child of the deceased person.

There are also additional claims which can be advanced for loss of dependency for surviving spouses and minor children or other dependents.

Section B of your insurance policy also provides for payment of a specified death benefit of up to $10,000. If the person who died was the head of the household, an additional $15,000 for a surviving spouse or adult interdependent partner and an additional $4,000.00 for each additional dependent living in the household. The insurance policy also covers funeral expenses up to the sum of $6,150 and grief counselling up to $500/person.

Robert Pearce

Robert Pearce

Partner

“I approach every case with empathy, knowing that behind every file is a person whose life has been disrupted. My goal is to help them rebuild with dignity and strength.”

Robert G. McVey, K.C.

Robert G. McVey, K.C.

Counsel

“When you’ve been injured, you need someone who not only understands the law but who cares about your recovery. I am committed to being that advocate.”

Catherine Long

Catherine Long

Counsel

“I see each client as more than just a case number—they are individuals deserving of respect, fairness, and the best possible outcome.”

Shawn Sipma

Shawn Sipma

Partner

“Practicing injury law allows me to stand up for those who’ve been knocked down. It’s a privilege to be the voice for people when they need it most.”

Michael J. Hussey

Michael J. Hussey

Partner

“My clients know that they have my full attention and dedication. I’m here to guide them through the process and fight for the justice they deserve.”

Owen A. Lewis

Owen A. Lewis

Partner

“It’s not just about obtaining appropriate compensation for our clients, it’s about making sure our clients are assisted and feel heard and understood throughout their entire journey.”

Leah Paslawski

Leah Paslawski

Partner

“I believe in empowering my clients by explaining their options clearly and being there every step of the way as they rebuild their lives.”

Flora Stikker

Flora Stikker

Associate

“Injury law is about restoring hope and balance. I’m committed to ensuring that my clients receive the fair compensation they need to move forward.”

Drew Pearson

Drew Pearson

Associate

I strive to help my clients navigate complicated situations and provide down-to-earth pragmatic advice.”

Kristian Toivonen

Kristian Toivonen

Associate

“Working with me means you’ll have a fierce advocate who cares deeply about your well-being and is relentless in pursuing your best possible outcome.”

Justin Monahan

Justin Monahan

Associate

“Each client’s story is unique, and I tailor my approach to meet their individual needs. Together, we’ll work toward the justice you deserve.”

Talon Fowler

Talon Fowler

Associate

“I believe injury law is about making a difference in people’s lives. I practice with compassion, commitment, and a drive to achieve the best result for every client.”

Robert Belanger

Robert Belanger

Associate

“Helping my clients through difficult times is the most rewarding part of my work. I’m here to listen, support, and ensure their rights are protected.”

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