After a fatal car crash in Edmonton, families can immediately access up to $6,150 CAD for funeral expenses plus grief counselling through their own auto insurance (Section B). Simultaneously, you can file a civil wrongful death lawsuit against the at-fault driver at the Court of King’s Bench.
A fatal motor vehicle collision on busy Edmonton routes like the Anthony Henday or Whitemud Drive is a shattering event. 🚗 In the aftermath, families are forced to navigate police investigations, insurance paperwork, and funeral arrangements all while experiencing profound grief.
In Alberta, surviving family members have two primary legal avenues after a fatal crash. First, immediate support is available through no-fault insurance benefits. 💰 Second, a formal wrongful death lawsuit can be filed under the Fatal Accidents Act to hold the responsible driver accountable. This guide outlines exactly how to navigate this dual process.
Step-by-Step Process After a Fatal Accident in Edmonton
Managing the legal aftermath of a crash requires immediate action to preserve evidence and access emergency funds. 📋 Here is the standard process followed by injury lawyers in Alberta.
Step 1: Applying for Section B Death Benefits
Every standard auto insurance policy in Alberta includes Section B benefits. Regardless of who caused the crash, your loved one’s insurance policy provides a lump sum death benefit (based on their age and status in the household), up to $6,150 CAD for funeral expenses, and an additional $400 CAD for family grief counselling. 🏨
Step 2: Edmonton Police Collision Investigation
While you focus on your family, the Edmonton Police Service (EPS) Major Collision Investigations Unit will analyze the crash site. 🚨 Your lawyer will closely monitor this investigation, requesting accident reconstruction reports, witness statements, and breathalyzer results, which are vital for the civil lawsuit.
Step 3: Opening the Estate and Appointing a Representative
To file a lawsuit, an official representative for the deceased’s estate must be established. 📑 If there is a will, the named executor takes this role. If there is no will, a family member can apply to the court to be appointed as the administrator.
Step 4: Initiating the Civil Lawsuit
Your lawyer will file a Statement of Claim at the Edmonton Court of King’s Bench against the at-fault driver. 🏫 This lawsuit seeks compensation for loss of future income, loss of household services, out-of-pocket expenses, and statutory bereavement damages for the spouse, children, and parents.
How Much Does it Cost in Edmonton?
Taking legal action against an at-fault driver’s insurance company does not require you to pay hourly legal fees. 💵
- Section B Claims: Applying for funeral benefits through your own insurer is generally free, though a lawyer can assist you with the paperwork at no extra charge.
- Lawsuit Lawyer Fees: Lawyers operate on a contingency basis, meaning they only take a percentage (around 30% to 35%) of the final civil lawsuit settlement.
- Court Fees: Filing the lawsuit at the Court of King’s Bench costs $250 CAD.
How Long Does the Process Take?
While Section B funeral and death benefits are usually paid out within a few weeks of submitting the required forms, the civil lawsuit is a much longer process. 🕑
A wrongful death lawsuit in Alberta generally takes between 2 to 4 years to reach a settlement or trial. The at-fault driver’s insurance company will rigorously investigate the claim, and gathering expert economic reports takes time. Crucially, you must formally file your lawsuit within exactly two years of the date of the accident.
Frequently Asked Questions (FAQ)
What if the driver who caused the crash was uninsured or fled the scene?
If it was a hit-and-run or the driver was uninsured, your family is still protected. Your lawyer can file a claim through Alberta’s Motor Vehicle Accident Claims (MVAC) Program or through the Family Protection Endorsement (SEF 44) on your own policy.
Can we sue if our loved one was partially at fault for the crash?
Yes, under Alberta’s contributory negligence laws, you can still recover damages even if the deceased was partially to blame. The final settlement will simply be reduced by their percentage of fault.
Are criminal charges required for a civil lawsuit?
No. A civil wrongful death lawsuit is entirely separate from criminal court. Even if the police do not lay criminal charges (like dangerous driving), you can still win a civil lawsuit by proving negligence on a balance of probabilities.
Do we have to go to court for the lawsuit?
It is highly unlikely. The vast majority of wrongful death claims in Edmonton are settled out of court through mediation or direct negotiation with the insurance company.
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