Understanding Wrongful Death Claims in Alberta: How KMSC Law Can Help

posted in: Personal Injury

Losing a loved one is one of life’s most profound and painful challenges. When that loss is caused by someone else’s negligence, it can be even harder to bear. At KMSC Law, we recognize the heartache, confusion, and stress that families experience during this time. Our team is here to stand by your side, offering both legal guidance and support as you navigate Alberta’s wrongful death claims process.

The Role of a Wrongful Death Lawyer

Our team of wrongful death lawyers is dedicated to helping Alberta families who have experienced the unexpected and devastating loss of a loved one due to negligence. Whether it’s a fatal motor vehicle accident, a tragic workplace incident, or a case involving product liability, we’re here to ensure those responsible are held accountable.

Alberta’s Fatal Accidents Act: Legal Framework for Compensation

In Alberta, wrongful death claims are governed by the Fatal Accidents Act, which provides eligible family members with compensation in certain circumstances. This Act allows family members, including spouses, parents, and children of the deceased, to pursue financial recovery for bereavement, expenses, and other losses directly related to the death of their loved one.

Damages You May Be Entitled To

Under the Fatal Accidents Act, Alberta law allows you to pursue various types of compensation, including:

• Funeral Expenses: Families may recover costs incurred for funeral and burial services.

• Counselling Expenses: Costs associated with grief counselling may also be covered.

• Loss of Dependency on Income: Surviving family members who depended on the deceased’s income may be entitled to financial compensation.
• Bereavement: This type of compensation covers emotional pain, suffering, and loss of companionship. Alberta’s Fatal Accidents Act sets specific amounts for bereavement damages, providing:
  • $82,000 to be shared between the parents of the deceased,
  • $49,000 for each dependent child.

Common Causes of Wrongful Death

While any unexpected loss is tragic, certain types of accidents are especially likely to lead to wrongful death claims. At KMSC Law, we frequently assist families affected by incidents such as:

• Motor vehicle accidents, including motorcycle and ATV collisions,
• Pedestrian and cyclist accidents,
• Accidents involving recreational vehicles like snowmobiles or boats,
• Serious falls or incidents caused by unsafe premises,
• Fatal incidents resulting from defective products.

Proving Negligence in Alberta Wrongful Death Claims

In wrongful death cases, proving negligence is essential to holding the responsible party accountable. At KMSC Law, our Injury Law Team works diligently to demonstrate the “chain of causation”—establishing that the actions (or inaction) of the responsible party directly led to the death of your loved one.

In Alberta, a wrongful death claim requires demonstrating three key elements:

1. Duty of Care: Showing that the responsible party had an obligation to act with reasonable care. For example, drivers have a duty to operate their vehicles safely and attentively to prevent harm from resulting to others.
2. Breach of Duty: Evidence that the responsible party breached this duty through negligent, reckless, or intentional actions. Such behaviour could include distracted driving, driving under the influence, or failing to follow safety protocols in a workplace.
3. Causation and Damages: Establishing that the defendant’s breach of duty caused the death and led to specific damages. These damages could range from economic losses like funeral expenses to emotional losses, such as the grief experienced by family members.

Our team at KMSC Law has extensive experience gathering the necessary evidence to meet Alberta’s legal standards. We work with investigators, accident reconstruction experts, and other professionals to build a strong case for your family. Importantly, a wrongful death claim does not require proving criminal liability. Even if the responsible party is not facing criminal charges, you may still have a valid wrongful death claim under Alberta civil law.

Why Work With KMSC Law for Your Wrongful Death Claim?

Our Injury Law Team has a deep understanding of Alberta’s wrongful death laws and extensive experience in handling these difficult personal matters. We strive to provide compassionate legal advice and make the process as straightforward as possible to help you secure the financial support you deserve.

From initial consultations to the final resolution of your case, we ensure transparency, understanding, and careful attention to the unique details of your situation. Our goal is to relieve you of the legal burdens so you can focus on your family and healing.

Free Consultations for Bereaved Families

We offer free, no-obligation consultations to discuss your legal rights, explain the wrongful death claim process, and answer any questions you may have. Whether you’re ready to move forward with a case or simply need more information, we are here to help.

Contact KMSC Law Today

If you’ve lost a loved one due to someone else’s actions, know that you don’t have to face this journey alone. At KMSC Law, we’re committed to standing by your side with experience, empathy, and the determination to seek justice on your behalf.

For more information or to schedule a consultation, reach out to our team today. We serve communities across Northern Alberta, including Grande Prairie, Fairview, Edmonton, La Crete, and Spirit River. We are ready to support you every step of the way.