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Wrongful Death and Fatality Claims

Wrongful Death and Fatality Claims

Losing a loved one is never easy, but it’s especially difficult when the death is caused by the negligent actions of others. Wrongful death claims are personal injury claims that seek financial compensation for the victims’ families. If you’re considering pursuing a wrongful death lawsuit, it’s essential to understand your legal rights.

Under Canadian law, a wrongful death claim can be filed when someone dies as a result of another person’s negligence or intentional actions. This can include fatalities resulting from motor vehicle accidents, medical malpractice, or other types of accidents. To pursue a wrongful death claim, the victim’s family must be able to prove that the defendant’s actions directly caused the death.

Holding Negligent Parties Accountable for Wrongful Death

When a loved one dies as a result of someone else’s negligence, it’s important to hold the responsible party accountable. Pursuing a wrongful death lawsuit can help ensure justice is served, and that the victim’s family receives fair compensation for their losses.

Wrongful death claims can be complex and require the expertise of experienced personal injury lawyers. At Safi Law Group, we understand the challenges families face during these difficult times. Our team of wrongful death lawyers is dedicated to helping clients navigate the legal process and obtain the compensation they deserve.

Common Challenges Faced by Families in Wrongful Death Cases

Wrongful death claims can be emotionally and financially challenging for families. In addition to the grief and pain of losing a loved one, families must also navigate the legal process and deal with insurance companies. This can be overwhelming, especially for those unfamiliar with the legal system.

Here are some common challenges:

  • Proving negligence: The plaintiff must prove that the defendant was negligent and that negligence caused the death of their loved one.
  • Establishing damages: The plaintiff must prove the damages they suffered due to the wrongful death. This can include medical bills, funeral expenses, lost income, and emotional distress.
  • Statute of limitations: There is a limited time frame to file a wrongful death lawsuit in Alberta (two years). Failure to file within the statute of limitations can result in the case being dismissed.
  • Multiple defendants: In some cases, multiple parties may be responsible for the wrongful death, making it difficult to determine who is liable.
  • Wrongful death claims in medical malpractice: Proving medical malpractice can be difficult and requires the testimony of expert witnesses.
  • Proving causation: The plaintiff must prove that the defendant’s actions caused the death of their loved one, which can be challenging in some cases.
  • Emotional toll: Wrongful death cases can be emotionally difficult for the plaintiff and their family members, particularly if the death was sudden or unexpected (such as a motor vehicle accident).

How to Choose the Right Lawyer for Your Wrongful Death Claim

When choosing a lawyer for your wrongful death claim, it’s important to consider their track record of success, reputation within the legal community, and level of compassion and understanding. At Safi Law Group, we pride ourselves on providing compassionate and personalized service to every one of our clients.  Here are a few more qualities you should look for in your lawyer:

  • Compassion and Empathy: A personal injury lawyer should be compassionate and understanding towards the deceased person’s family members. They should be able to empathize with you and provide emotional support during this difficult time.
  • Strong Communication Skills: Effective communication is critical in handling wrongful death claims. Your lawyer should be able to communicate complex legal concepts to you in a clear and understandable manner.
  • Experience in Wrongful Death Cases: A personal injury lawyer should have extensive experience handling wrongful death cases. They should be familiar with the laws and regulations surrounding wrongful death claims and have a track record of successful outcomes.
  • Attention to Detail: Your lawyer should have a keen eye for detail and be able to identify any potential legal issues that may arise during the case.
  • Strong Negotiation Skills: Your lawyer should be able to negotiate with insurance companies and other parties involved in the case to ensure that their client receives fair compensation.
  • Trial Experience: While many wrongful death cases are settled out of court, it’s essential to have a lawyer with trial experience in case the case goes to court.
  • Availability: Your lawyer should be reasonably available to you when needed and keep you updated on the progress of your case.

What to Expect During the Wrongful Death Claim Process

The wrongful death claim process can be lengthy and complex. It typically involves investigations, negotiations with insurance companies, and potentially a trial. At Safi Law Group, we understand the challenges that families face during this process, and we work tirelessly to ensure that our clients receive fair compensation for their losses.

During the wrongful death claim process, our lawyers will investigate the circumstances surrounding the death, gather evidence, and negotiate with insurance companies. If a settlement cannot be reached, we are prepared to take the case to trial. Throughout the process, we will keep you informed and provide guidance and support with every step of the way.

Is Compensation Available in Wrongful Death Claims?

Yes, compensation can become available in wrongful death and fatal accident claims. The types and amount of compensation available will depend on the specific circumstances of the case. In general, compensation may be available for funeral expenses, medical expenses, loss of income, and other losses related to the death of a loved one.

At Safi Law Group, we work tirelessly to ensure that our clients receive fair compensation for their losses. We understand that no amount of money can replace a loved one, but financial compensation can help ease the financial burden and provide a sense of justice.

Statute of Limitations and Filing Deadlines for Wrongful Death Claims

It’s important to note that there are strict filing deadlines for wrongful death claims. In Alberta, the statute of limitations for wrongful death claims is two years from the date of the deceased person’s death. This means that if you wait too long to file a claim, you may lose your right to pursue compensation.

Working with Compassionate and Experienced Lawyers for Your Wrongful Death Claim

At Safi Law Group, we understand that losing a loved one is never easy. We also understand the complexities of wrongful death claims and families’ challenges during the legal process. That’s why we are committed to providing compassionate and personalized service to each and every one of our clients.

Our team of experienced personal injury lawyers has a track record of successfully handling wrongful death claims. We are dedicated to helping our clients obtain fair compensation for their losses and holding negligent parties accountable for their actions.

Steps to Take After a Wrongful Death Occurs

If you have lost a loved one due to someone else’s negligence, there are several steps you should take to protect your legal rights. First, seek medical attention for any injuries or illnesses that may have contributed to the death. Then, contact an experienced wrongful death lawyer as soon as possible to discuss your case.

It’s also important to gather evidence relevant to the case, such as witness statements, police reports, and medical records. Keep track of all expenses related to the death, including funeral expenses, medical expenses, and loss of income.

Helping You Navigate the Legal System After a Wrongful Death

At Safi Law Group, we help you navigate the legal system after a wrongful death occurs. We understand the emotional and financial challenges families face during these difficult times, and we are here to provide guidance and support every step of the way.

If you have lost a loved one due to someone else’s negligence, contact Safi Law Group, an Edmonton personal injury law firm.  Schedule a free introductory consultation with one of our experienced wrongful death lawyers. We will review your case, answer any questions you may have, and help you understand your legal rights. Don’t wait – contact us today to get started.

Losing a loved one is devastating, especially when it's due to someone else's negligence. Safi Law Group stands with families in their darkest hours, seeking justice for wrongful deaths and ensuring memories are honored, not forgotten
Losing a loved one is devastating, especially when it's due to someone else's negligence. Safi Law Group stands with families in their darkest hours, seeking justice for wrongful deaths and ensuring memories are honored, not forgotten

Safi Law Group is pleased to be listed amongst the best law firms in Edmonton for the areas of law we practice

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