A wrongful death claim is a legal action that family members of a deceased person may bring after their loved one dies due to someone else’s negligence or wrongful act. The claim seeks compensation for the financial and emotional losses the family suffered, such as loss of income, funeral expenses, and loss of companionship. Only certain family members, like spouses, children, and parents, are eligible to file a wrongful death claim.
If you recently lost a loved one under these circumstances, a knowledgeable and compassionate Edmonton wrongful death lawyer can meet with you to discuss the circumstances, determine your options, and pursue the compensation that you and your family deserve.
How Do Motor Vehicle Accidents and Slip-and-falls Lead to an Untimely Death?
Motor vehicle collisions and slip-and-fall accidents can sometimes result in tragic outcomes, including wrongful death.
Motor vehicle crashes are a leading cause of wrongful death. These accidents can occur due to several factors, including reckless driving, driving under the influence of alcohol or drugs, distracted driving, and speeding. When a driver fails to drive safely, they can cause fatal accidents that claim the lives of other drivers, passengers, pedestrians, or cyclists. For instance, a driver who is texting and not paying attention to the road may inadvertently run a red light and crash into another car, resulting in a fatal collision. In such cases, the family of the deceased may pursue a wrongful death claim against the negligent driver to seek compensation for their loss.
Slip-and-fall accidents can also lead to a wrongful death, although this is less common than motor vehicle crashes. Slip-and-falls occur when someone slips, trips, or falls due to hazardous conditions on someone else’s property. For example, if a store owner fails to clean up a spill on the floor or does not repair a broken stair in a timely manner, someone might slip or fall and suffer severe injuries. In some tragic cases, these injuries can be fatal – especially for elderly individuals or those with pre-existing health conditions. If the property owner or manager was aware of the dangerous condition and did nothing to fix it or warn others, they can be held liable for the wrongful death.
In both motor vehicle and slip-and-fall accidents, wrongful death claims aim to provide financial support to the family members left behind. These claims can cover various damages, including funeral and burial expenses, loss of income, loss of companionship, and emotional pain and suffering. While no amount of money can truly compensate for the loss of a loved one, wrongful death claims help hold the responsible parties accountable and provide some financial relief during a difficult time.
Legal Elements of Proof in a Wrongful Death Claim or Lawsuit
When pursuing a wrongful death claim or lawsuit, especially after a motor vehicle collision or slip-and-fall accident, certain legal elements must be proven to hold the responsible party accountable.
- The first element that must be established is a duty of care. In legal terms, duty of care means that the defendant (the person or entity being sued) had a legal obligation to act in a reasonably safe manner to prevent harm to others. For example, in a motor vehicle collision, drivers have a duty of care to follow all traffic laws and drive safely to avoid accidents. In a slip-and-fall scenario, property owners or managers have a duty of care to maintain their premises in a reasonably safe condition for visitors.
- The second element is a breach of duty. This means that the defendant failed to uphold their legal duty of care. In a motor vehicle collision, this may involve a driver running a red light, speeding, or driving under the influence of alcohol or drugs. In a slip-and-fall accident, a breach may occur if a store owner knew about a wet floor or a broken step but did not fix it or provide adequate warning. Proving that the defendant breached their duty is critical to establishing fault.
- Next is the legal element of causation. Causation connects the defendant’s breach of duty to the fatal injury. In other words, the wrongful death claimant must show that the breach of duty directly caused the death. For instance, if a driver’s reckless actions caused a crash that resulted in a fatality, there is clear causation. Similarly, if a person dies from injuries sustained after slipping on an unmarked wet floor, the failure to address this hazard is the cause of the fatal injury.
- Finally, damages must be proven. Damages refer to the losses suffered as a result of the wrongful death. These can include funeral costs, loss of income, and emotional suffering that the surviving family members endured. Without proof of damages – even if the other elements are established – there can be no compensation awarded.
Successfully proving these elements in a wrongful death claim is essential to securing justice and compensation for the grieving family. The process can be complex, which is why having an experienced wrongful death lawyer is crucial to navigating the legal system.
How Can an Experienced Wrongful Death Lawyer Help with Your Case?
Losing a loved one in a tragic accident is one of the most difficult experiences anyone can face. When that loss is due to someone else’s negligence, it can be even more devastating. In such situations, an experienced wrongful death lawyer can be an invaluable ally, guiding you through the legal process and helping you seek justice and compensation.
- One of the primary ways a wrongful death lawyer can help is by providing well-founded legal advice. The legal system is complicated, and wrongful death cases involve many specific laws and regulations that vary across Canadian provinces. An experienced lawyer understands these laws and can explain your rights and options in a clear and understandable way. This guidance can be critical in making informed decisions about how best to proceed with your case.
- A wrongful death lawyer will also handle the legal paperwork and procedures, which can be overwhelming during such an emotional time. Filing a wrongful death claim or lawsuit requires a lot of documentation, including death certificates, medical records, and evidence of the accident. A lawyer will ensure that all necessary documents are filed correctly and on time, preventing any legal missteps that could jeopardize your case.
- Additionally, an experienced lawyer will conduct a thorough investigation into the circumstances surrounding the death. This may involve gathering evidence, interviewing witnesses, consulting with experts, and reconstructing the accident. By building a strong case based on solid evidence, your lawyer can prove that the defendant’s negligence caused your loved one’s untimely death.
- Another crucial role of a wrongful death lawyer is to negotiate with insurance companies. Insurance companies often try to minimize payouts or deny claims altogether. An experienced lawyer knows how to deal with these tactics and can negotiate on your behalf to secure a fair settlement. If the insurance company refuses to offer a reasonable amount, your lawyer can take the case to court and fight for your rights in front of a judge and jury.
- Finally, a wrongful death lawyer provides emotional support and peace of mind. Knowing that a knowledgeable professional is handling your case allows you and your family to focus on grieving and healing without the added stress of legal battles.
What Happens at a Wrongful Death Trial in Court?
A wrongful death trial is a legal process where the family of a deceased person seeks to hold another party accountable for causing their loved one’s death through negligence or misconduct.
- The trial begins with jury selection. During this phase, both the claimant’s (the family’s) lawyer and the defence lawyer question potential jurors to ensure they are impartial and suitable to decide the case. Once a jury is selected, the trial proceeds to the next phase.
- The next step is the opening statements. Both sides present their case to the jury. The claimant’s lawyer goes first, outlining the evidence they will present to show that the at-fault party’s (the defendant’s) actions caused the wrongful death. The defence lawyer follows, explaining their perspective and why they believe the defendant should not be held liable.
- After opening statements, the claimant presents their case. This involves calling witnesses, including experts, to testify about the circumstances of the death, the negligence involved, and the effects on the family. Evidence such as medical records, accident reports, and other documentation is also presented to support their claims. The defence has the opportunity to cross-examine each witness to challenge the testimony.
- Once the claimant has presented their case, it’s the defence’s turn. The defence will then call their own witnesses and present evidence. They may argue that the defendant was not negligent, that the death resulted from something else, or that the damages being claimed are excessive. The claimant’s lawyer can cross-examine the defence witnesses to highlight any weaknesses or inconsistencies in their testimony.
- After both sides have presented their cases, the closing arguments take place. The claimant’s lawyer summarizes the evidence and argues why the jury should find the defendant liable for the wrongful death. The defence lawyer then presents their closing argument, urging the jury to find in favour of the defendant.
- Finally, the jury deliberates. The jurors discuss the case in private, considering the evidence and the law. Once they reach a decision, they return to the courtroom and announce their verdict. If the jury finds the defendant liable, they may also determine the amount of damages to be awarded to the claimant.
Recoverable Compensation in a Wrongful Death Claim or Lawsuit
In a wrongful death claim or lawsuit, the family of the deceased may be entitled to various forms of compensation, often referred to as “damages.” These damages are intended to compensate for the financial and emotional losses suffered due to the wrongful death.
- One significant form of compensation is for loss of income and financial support. If the deceased was the primary breadwinner or contributed significantly to the family’s finances, their death can create a substantial financial burden. Compensation in this category is meant to cover the lost income and future earnings that the deceased would have provided had they survived the accident.
- Another critical form of compensation is for loss of companionship and consortium. This refers to the emotional and relational effects of losing a loved one. Family members – especially spouses and children – often suffer deeply when a close loved one dies. This form of compensation is intended to address the emotional pain, grief, and loss of the relationship itself. For example, a spouse may be compensated for the loss of love, comfort, and companionship that the deceased provided them, while children may be compensated for the loss of parental guidance, nurturing, and support.
- Pain and suffering that the deceased endured before their death is another important category of compensation. If the deceased experienced significant physical pain or emotional suffering as a result of the injury that led to their death, their family may be entitled to compensation for that suffering. This type of damage focuses on the period between the injury and the death, recognizing the trauma and agony the deceased endured during that time.
- Finally, funeral and burial expenses are recoverable in a wrongful death claim. These costs can be substantial, and families should not have to bear the financial burden of laying their loved one to rest due to someone else’s negligence. Compensation for these expenses ensures that the family can cover the costs of the funeral, burial, or cremation without further financial strain.
While no amount of money can replace a lost loved one, these forms of compensation aim to alleviate some of the financial and emotional hardships that families face after a wrongful death.
Speak with an Experienced Wrongful Death Lawyer Today
If you recently lost a loved one due to another person or entity’s wrongful act, an experienced Edmonton personal injury attorney can guide you through every step of the process. Your lawyer will aggressively fight for your rights and pursue the compensation that you and your family deserve at this difficult time.
