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Learning the Fatal Accidents Act with Wrongful Death Lawyers

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A term like “wrongful death” seems almost redundant when you think about it. All death is wrongful; it’s as if the term implies that there exists an inverse—a “rightful death”. Legally speaking, of course, wrongful death has a different meaning than the layman’s interpretation. In fact, in the eyes of the law, wrongful fatalities are accounted for, under specific guidelines. Here’s a brief, general overview of what wrongful death lawyers follow when carrying out fatality cases.

 

Who can Benefit from Wrongful Deaths?

 

First off: how does the law define wrongful death? Under Alberta’s Fatal Accidents Act, any death “caused by a wrongful act, neglect, or default that would, if the death had not ensued, have entitled the injured party to maintain an action and recover damages”. Thus, Toronto wrongful death lawyers effectively carry out cases akin to Toronto personal injury lawyers, albeit not for the benefit of the deceased. Rather, the only people who may legally benefit (i.e. receive compensation for damages and expenses) in a wrongful death lawsuit are the spouse, an adult interdependent partner, parents (including grandparents and stepparents), children (including grandchildren and stepchildren), and siblings of the wrongfully killed person.

 

Receiving Damages and Benefits

 

While, as mentioned above, wrongful death lawsuits follow in the fashion of personal injury lawsuits and subsequently damages are assessed in a similar way. There are certain damages specific to the Fatal Accidents Act; for instance, wrongful death lawyers can include the cost of medical expenses before the deceased’s death as well astravel and accommodation expenses incurred by those visiting the deceased before their death, funeral expenses, and others in the total for damages. Furthermore, a court can award bereavement damages, which are flat totals enumerated in the law itself. Also, the damages in a wrongful death suit are not affected by any insurance policy payouts.

Toronto personal injury lawyers know how to handle wrongful death suits, so if you've lost a loved one, look for a free consultation.

 

Source:

http://www.canlii.org/en/ab/laws/stat/rsa-2000-c-f-8/latest/rsa-2000-c-f-8.html