A wrongful death lawsuit refers to taking legal action against an individual, corporation or organization for the part they played in the death of a loved one. In all cases, these suits are carried out under the Fatal Accidents Act, and a personal injury lawyer can help sort out the details of the case.
But what is included in the Fatal Accidents Act, and who can make these claims? Continue reading for further information.
The Particulars of Wrongful Death Lawsuits
Persons Entitled to Benefits
There may be several people who are entitled to the benefits of a wrongful death lawsuit, but they must have a close personal relationship with the deceased. Furthermore, the action must be “for the benefit of the spouse, adult interdependent partner, parent, child, brother or sister of the person whose death has been so caused…” Therefore, no coercion can occur wherein a family member is taken advantage of for outside benefit.
Number of Actions
The number of actions that can be undertaken for a single individual’s death is one. This means that all eligible participants must be part of the same action.
Death of Person Liable for Damages
Interestingly, if the person or party on the receiving end of the wrongful death lawsuit perishes themselves, the action may still continue. Only instead of the person having to answer for the lawsuit themselves, the responsibility instead transfers to the administrator or executor of their estate.
A particular part of wrongful death lawsuits is a bereavement claim. This refers to the sadness and suffering of the family and is controlled by exact limits in Alberta. Achieving the highest level of compensation may not be possible, but it is a great way to know the maximum monetary return.
Is a Wrongful Death Lawsuit Right for You?
If your loved one has perished, or if you are in need of legal advice surrounding a wrongful death lawsuit, contact Edwards Injury Law today. Our helpful, compassionate personal injury lawyers have the information and resources you require and can help you seek compensation for your unique situation.
If you need help collecting compensation for an injury you’ve suffered, be sure to contact Edwards Injury Law. Edwards Injury Law has successfully fought for the injured for over 25 years. Move forward with dedicated help from a personal injury lawyer; contact us today if you or someone you know has been in an accident or injured.