The sudden loss of a loved one due to someone else’s negligence is one of the most painful experiences any family can face. In Alberta, wrongful death cases are governed by laws that provide financial relief to certain family members after a tragedy. These legal remedies, often pursued through a wrongful death claim or wrongful death lawsuit, aim to ease the financial burden that comes with a loved one’s passing, including funeral expenses, lost income, and grief counselling.
This guide explains what compensation is available in wrongful death claims in Alberta, who qualifies as eligible family members, and how a wrongful death lawyer can help your family recover damages during this lengthy process.
Understanding Wrongful Death in Alberta
A wrongful death occurs when a deceased person loses their life due to a wrongful act, negligence, or misconduct by another party. This might include:
- A car accident caused by a drunk or distracted driver
- An industrial incident or workplace hazard
- A fatal accident involving unsafe property conditions
- Medical negligence leading to a patient’s death
In these cases, at fault parties can be held responsible for the harm caused, allowing the surviving family members to file a wrongful death action and recover compensation for both economic damages and non-economic damages.
The Fatal Accidents Act: Alberta’s Legal Framework
In Alberta, wrongful death claims are guided by the Fatal Accidents Act. This legislation defines who qualifies as certain family members eligible to pursue claims, such as:
- Surviving spouse or adult interdependent partner
- Surviving child or dependent children
- Parents of a deceased child
Only these eligible family members may bring a claim under the Act, and damages are intended to provide financial support to those who relied on the deceased.
The Act ensures that most wrongful death claims are limited to direct dependents and excludes distant relatives who may not have relied on the deceased’s estate or income.
Types of Compensation in Wrongful Death Claims
When pursuing a wrongful death claim, families may be entitled to a wide range of damages depending on the unique circumstances of the case. These can include:
1. Economic Damages
Economic damages reflect measurable financial losses related to the person’s death, such as:
- Lost wages and lost income the deceased provided
- Household services that the injured person would have continued to provide
- Funeral expenses and reasonable expenses tied to the deceased’s death
- Medical bills or hospital bills incurred before the deceased’s death
- Out of pocket expenses associated with care or burial
2. Non-Economic Damages
Non-economic damages address the emotional toll of a loved one’s death, including:
- Emotional suffering and distress
- Loss of companionship for a surviving spouse
- Grief counselling costs for surviving family members
- Emotional suffering tied to the loss of a deceased child
3. Dependency Claims
Under Alberta law, a dependency claim may also be filed if the surviving family members can prove financial dependency. These claims, sometimes called lost dependency claims, assess the monetary value of the support the deceased person would have provided.
Common Wrongful Death Cases in Alberta
Families may pursue damages in a variety of wrongful death cases, including:
- Car accidents caused by at fault parties, often involving drunk driving or reckless behavior
- Industrial incidents or unsafe working conditions that result in a fatal accident
- Medical negligence or malpractice cases where a medical treatment error caused a patient’s death
- Unsafe premises leading to wrongful death lawsuits against property owners
Each type of case requires gathering evidence, including medical records, witness accounts, and expert opinions to build a strong claim.
The Role of a Wrongful Death Lawyer
Navigating the legal process of a wrongful death claim is complex and emotionally draining. A dedicated wrongful death lawyer provides critical guidance, including:
- Conducting a thorough investigation into the fatal accident
- Gathering evidence such as medical records, accident reports, and witness testimony
- Identifying at fault parties and assessing liability
- Valuing both economic damages and non-economic damages
- Negotiating with the insurance company for fair compensation
- Representing family members in court if a settlement cannot be reached
At Grover Law Firm, our personal injury lawyers understand that a wrongful death lawsuit is not just about money—it’s about accountability, justice, and protecting your family’s future.
Who Can File a Wrongful Death Claim in Alberta?
Under Alberta’s Fatal Accidents Act, only certain family members may file a claim, including:
- Surviving spouse or interdependent partner
- Surviving child or dependent children
- Parents of a deceased child
A personal representative of the deceased’s estate may also initiate an action on behalf of deceased’s family members.
These rules ensure that surviving family members directly affected by the loved one’s death can seek relief for their losses.
Wrongful Death Damages and Insurance Companies
Dealing with an insurance company during a wrongful death lawsuit can be challenging. Insurers often attempt to minimize payouts by disputing liability or downplaying the extent of economic losses.
This is why working with a skilled wrongful death lawyer is essential. They know how to counter these tactics and ensure that surviving family members receive the fair compensation they deserve.
Punitive Damages in Wrongful Death Lawsuits
In some cases, Alberta courts may award punitive damages if the wrongful act involved gross negligence or deliberate misconduct. For example, drunk driving that causes a fatal accident may justify punitive awards to punish at fault parties and deter similar conduct.
While punitive damages are rare, they highlight how the legal framework recognizes the seriousness of reckless actions leading to a person’s death.
The Emotional and Financial Burden of Wrongful Death
A wrongful death is more than a legal case—it’s a devastating experience for families. Beyond funeral expenses and household services, there’s the immense emotional suffering tied to losing a loved one.
Families often face:
- Loss of companionship and guidance
- The collapse of financial stability due to lost income
- The need for grief counselling or support services
- The strain of a lengthy process while grieving
By pursuing a wrongful death claim, families can focus on healing while their wrongful death lawyer handles the legal process.
How Wrongful Death Lawyers Prove Negligence
To succeed in a wrongful death claim, lawyers must show:
- A wrongful act or negligence caused the deceased’s death
- At fault parties owed a duty of care to the deceased
- The breach of duty directly caused the fatal accident
- Eligible family members suffered financial loss or emotional suffering as a result
A wrongful death lawyer uses medical records, expert reports, and testimony to prove these elements.
Free Consultation for Wrongful Death Claims
Most families are unsure whether they have grounds to file a wrongful death claim. At Grover Law Firm, we offer a free consultation to discuss your case, explain the legal process, and outline your options for recovering compensation.
Our compassionate team understands the challenges surviving family members face, and we’re here to provide guidance every step of the way.
Protecting Families After a Wrongful Death
No amount of money can undo the pain of a loved one’s death. But a successful wrongful death lawsuit can provide financial compensation, cover funeral expenses, replace lost income, and ease the weight of a financial burden.
If your family has lost someone due to else’s negligence, you have the right to seek compensation and hold the at fault parties accountable.
Call Grover Law Firm Today
At Grover Law Firm, our dedicated wrongful death lawyers fight for families across Alberta. We handle wrongful death cases under the Fatal Accidents Act with compassion and determination, ensuring surviving family members receive the justice and fair compensation they deserve.
Call (403) 253-1029 today for a free consultation and let us help your family through this difficult time.