In Edmonton, if the at-fault party is convicted of a criminal offence (like impaired driving), it legally establishes their fault for the civil wrongful death claim. This allows your personal injury lawyer to focus entirely on securing maximum compensation for your family, which can exceed $82,000 CAD in standard bereavement damages alone.
Losing a family member is a devastating experience, but the grief is often compounded when the death was caused by an illegal act, such as a drunk driver or a violent assault. 💔 Many families in Edmonton find themselves navigating two entirely separate legal systems at the same time: the criminal justice system and the civil court system. Understanding how these two distinct processes interact is crucial if you intend to pursue a wrongful death claim to protect your family’s financial future.
It is important to recognize the different goals of each court. The criminal court system aims to punish the offender for breaking Canadian law, resulting in jail time, fines, or licence suspensions. In contrast, the civil court system (specifically the Court of King’s Bench in Alberta) focuses on compensating the surviving family members for their financial and emotional losses. While you do not need a criminal conviction to win a civil lawsuit, having one provides an immense strategic advantage for your law firm.
Step-by-Step Process in Edmonton
Whether the tragic event happened in downtown Edmonton, Sherwood Park, or St. Albert, the intersection of criminal and civil law generally follows a predictable path. A skilled wrongful death lawyer will monitor the criminal proceedings closely while building your family’s civil claim.
Step 1: Monitoring the Criminal Proceedings
After a fatal incident, the Edmonton Police Service (EPS) or the RCMP will conduct a thorough investigation. 👮 If they lay charges for an indictable offence or a summary conviction, the Crown Prosecutor takes over the case. Your law firm will monitor these hearings at the Edmonton Law Courts. Because the burden of proof in criminal court is “beyond a reasonable doubt,” a guilty verdict is extremely powerful evidence.
Step 2: Leveraging the Criminal Conviction
If the defendant pleads guilty or is convicted by a judge, your lawyer will use this conviction in your civil lawsuit. Under Alberta law, a criminal conviction essentially proves “liability” (fault) in the civil case. This means the at-fault driver’s insurance company or defence team cannot easily argue that your loved one was to blame for the accident. The civil trial no longer has to debate who caused the death; it only needs to determine how much money you are owed.
Step 3: Filing the Civil Statement of Claim
While the criminal trial is ongoing, your lawyer must still file a civil Statement of Claim at the Court of King’s Bench to protect your rights under Alberta’s Limitations Act. 📄 You generally have two years from the date of the tragedy to file this document. Once liability is cemented by the criminal conviction, your law firm will aggressively negotiate for spousal support, loss of future income, and statutory bereavement damages under the Fatal Accidents Act.
How Much Does it Cost in Edmonton?
Grieving families should never have to worry about upfront legal fees. Reputable personal injury law firms in Edmonton handle wrongful death claims on a contingency fee basis.
- Upfront Retainer: Usually $0 CAD. You pay nothing to start the lawsuit.
- Lawyer’s Contingency Fee: Typically 30% to 35% of the final financial settlement or court award.
- Court Filing Fees: Filing the initial Statement of Claim costs about $250 CAD, which the law firm advances on your behalf.
- Bereavement Damages: In Alberta, the law currently awards $82,000 CAD to a grieving spouse, and $82,000 CAD to parents for the loss of a child, regardless of income.
| Type of Court Action | Primary Goal | Who Runs the Case? |
|---|---|---|
| Criminal Trial | Punishment (Jail, Fines, Probation) | Crown Prosecutor (Government) |
| Civil Lawsuit | Financial Compensation (Damages) | Your Hired Lawyer / Law Firm |
How Long Does the Process Take?
Wrongful death claims involving criminal charges take significantly longer than standard civil suits. ⏳ Criminal trials in Alberta can easily take 1 to 3 years to conclude. Most civil lawyers prefer to wait for the criminal verdict before finalizing civil settlement negotiations. Consequently, the entire process from the date of the fatal accident to the final payout of the civil settlement can take anywhere from 2 to 5 years.
Frequently Asked Questions (FAQ)
What if the driver is found “not guilty” in criminal court?
You can still win your civil lawsuit even if the driver is acquitted in criminal court. The civil court uses a lower standard of proof called the “balance of probabilities.” This means your lawyer only needs to prove that it is more than 50% likely that the driver’s negligence caused the death, which is much easier than proving guilt beyond a reasonable doubt.
Do we have to wait for the criminal trial to finish before calling a lawyer?
No, you should contact an Edmonton law firm immediately. Evidence disappears quickly, and there is a strict two-year limitation period to file your civil lawsuit in Alberta. Your lawyer needs to start gathering evidence and filing paperwork long before the criminal trial concludes.
Can we sue if the at-fault person is in prison?
Yes. If the death was caused by a motor vehicle accident, the at-fault driver’s auto insurance policy will still be responsible for paying the civil compensation, regardless of whether the driver is currently serving time in an Alberta correctional facility.
Will our family have to testify in court?
You may be asked to provide a victim impact statement for the criminal sentencing, but most civil wrongful death claims are settled out of court through negotiations. It is very rare for families to have to testify at a full civil trial in Edmonton.
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