If an impaired driver kills a family member in Calgary, two separate legal processes begin. The police will pursue an indictable offence for criminal charges, while your personal injury lawyer will file a civil lawsuit against the driver’s insurance company to secure financial compensation for your family.
Losing a loved one to an impaired driver is a senseless and entirely preventable tragedy that leaves families angry, devastated, and completely overwhelmed. In the immediate aftermath, you will likely be thrust into the complicated criminal justice system. However, it is vital to understand that a criminal conviction alone will not pay for the funeral or replace the lost income your family relied upon.
To secure your family’s financial future, you must step into the civil justice system. ⚔️ While the Crown prosecutor seeks prison time for the drunk driver, a dedicated Calgary personal injury lawyer will fight the driver’s insurance company. Knowing how these two systems interact is crucial for protecting your legal rights in Alberta.
Step-by-Step Process in Calgary
Navigating the aftermath of a fatal drunk driving crash requires balancing cooperation with law enforcement and proactive civil legal strategy. Here is the general process a grieving family should expect to follow in Calgary.
Step 1: The Criminal Investigation by Police
The Calgary Police Service (CPS) will lead the criminal investigation. 🚨 They will gather breathalyzer results, forensic collision data, and witness statements to lay criminal charges, such as impaired driving causing death. You should cooperate fully with the assigned CPS victim assistance unit, but remember that the police cannot offer legal advice regarding your financial compensation.
Step 2: Hiring a Civil Wrongful Death Lawyer
As soon as you are emotionally able, consult a local personal injury law firm. Do not wait for the criminal trial to end before seeking legal counsel. Your lawyer will immediately open a claim with the impaired driver’s auto insurance provider and begin gathering evidence to protect the strict two-year limitation period under Alberta law.
Step 3: Filing the Civil Lawsuit
Your lawyer will file a Statement of Claim at the Court of King’s Bench. 📄 This civil lawsuit seeks damages for funeral costs, loss of household income, loss of household services, and statutory bereavement damages for the surviving spouse, parents, and children.
How Much Does it Cost in Alberta?
You might worry about the cost of hiring a lawyer while dealing with the sudden loss of a household breadwinner. Fortunately, civil justice is highly accessible for grieving families in Calgary.
| Criminal Court Process | The prosecution of the drunk driver by the Crown. | Free (Funded by the government) |
| Civil Wrongful Death Claim | The lawsuit filed by your lawyer against the auto insurance company. | No Upfront Cost (Lawyer works on a contingency fee, taking 30% – 33% only if successful) |
| Section B Death Benefits | Immediate access to grief counselling and a death benefit through your own auto insurance policy. | Included in your existing policy |
How Long Does the Process Take?
The criminal and civil systems run on different timelines. ⌛ A criminal trial for an indictable offence like impaired driving can take years due to court backlogs. Your civil wrongful death claim will run parallel to this and typically takes between 1 to 3 years to settle. Insurers often wait for a guilty plea or a criminal conviction before offering a maximum civil settlement.
Frequently Asked Questions (FAQ)
Do we have to wait for the criminal trial to finish before suing?
No. You can and should start your civil claim immediately. While the civil settlement may be delayed until the criminal facts are established, filing early ensures crucial evidence is preserved and your two-year limitation period is protected.
What if the impaired driver was uninsured?
If the drunk driver was driving without valid insurance, your lawyer will pursue compensation through the Motor Vehicle Accident Claims Program (MVAC) in Alberta, ensuring your family still has a route to financial recovery.
Can we claim punitive damages against a drunk driver?
While Canadian courts generally award compensatory damages to make the family financially whole, cases involving severe criminal negligence, like extreme impaired driving, occasionally allow for punitive damages intended to strictly punish the offender.
What if the drunk driver is found not guilty in criminal court?
You can still win your civil lawsuit even if the driver is acquitted criminally. The burden of proof in criminal court is “beyond a reasonable doubt,” whereas civil court only requires proof “on a balance of probabilities,” which is a much lower legal standard.
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