The truth is that wrongful death is amongst the worst cases of personal injury law out there. With this said, though, if the death of a person is caused by the negligent behavior or actions of another party, the surviving family members, as specified by the Fatal Accidents Act of Alberta, are capable of bringing forth a civil lawsuit.
The intention of this lawsuit is to seek reparation for the damages on behalf of the responsible person. This is what the term “wrongful death” actually refers to in terms of personal injury law. With this said, the rules are quite specific, so let’s go through some of the basics, starting from the very get-go.
What is a wrongful death civil case?
Now, this is a civil lawsuit which is solely intended to get compensation for monetary damages. In other words, you are not going to pursue criminal charges – this happens in another trial – a criminal one. The sole intention of a civil lawsuit, regardless of its subject, is to compensate the claimant for the damages that he has had to incur.
Who are the parties?
Obviously, the parties in a wrongful death case would be a bit different when it comes to it as the one who would regularly be able to file the claim would have been deceased. In his place, the legislation of Alberta grants the right to sue to his surviving family members. This is stated in the Fatal Accidents Act of Alberta.
What damages can be claimed?
Now, this is where things are rather specific as well. The truth is that the family members won’t be granted the full rights to claim everything that may have been claimed by the deceased, should the death hadn’t take place. With this said, the family members are not allowed to claim damages for pain and suffering. These are subjective damages, assessed by the judge for each and every claim individually. They are related to the current condition of the claimant and since the one that’s being claimed for has passed away, it is highly unethical to allow claims for damages for pain and suffering.
With this said, it is also important to understand that there are quite a few different types of damages that are capable of being repaired. Some of them include loss of income, loss of companionship, pain and suffering on behalf of the claimants themselves, amongst a range of other similar aspects. With this in mind, a case of the kind is challenging enough and it has to be taken care of by a professional injury lawyer in Lloydminster. This is out of the question. If you want to succeed, make sure to contact one right away.