Families in Edmonton do not have to pay a lawyer out-of-pocket to start a wrongful death claim. Alberta personal injury law firms work on a contingency fee basis, meaning they only get paid a percentage (typically 30% to 35%) if they successfully secure a settlement. The standard court filing fee at the Court of King’s Bench is $250 CAD.
Losing a family member is the most devastating experience anyone can endure. When that loss is caused by someone else’s negligence-whether through a fatal car crash on the Anthony Henday Drive or a severe workplace accident-the emotional grief is often compounded by sudden financial panic. Families are left wondering how they will pay for daily living expenses, let alone afford a lawyer to fight for justice.
The good news is that the legal system in Alberta is designed to protect grieving families from upfront financial burdens. 💰 You do not need thousands of dollars in the bank to hire a highly qualified Edmonton wrongful death lawyer. Almost all personal injury law firms operate on a contingency fee agreement. This ensures that everyone has equal access to the justice system, regardless of their financial situation. We will explain exactly how these fees are structured and what you can expect when pursuing a claim under the Alberta Fatal Accidents Act.
Step-by-Step Process in Edmonton
Understanding how the financial side of a lawsuit works can provide immense peace of mind during a traumatic time. Most Edmonton law firms follow a transparent, step-by-step process when setting up your legal representation.
Step 1: The Initial Free Consultation
Your journey begins with a free, no-obligation consultation. During this meeting, a lawyer will listen to your story, review any available accident reports, and determine if you have a valid wrongful death claim. Because the law firm assumes all the financial risk, they will carefully evaluate the negligence of the at-fault party before taking the case.
Step 2: Signing the Contingency Fee Agreement (CFA)
If the lawyer agrees to take your case, you will sign a Contingency Fee Agreement. This is a legally binding contract regulated by the Law Society of Alberta. It explicitly states that you will pay zero hourly fees. Instead, the lawyer’s payment will be a pre-agreed percentage of the final settlement. If the claim is unsuccessful, you do not owe the lawyer for their time.
Step 3: The Law Firm Covers Disbursements
Building a wrongful death case is expensive. Your lawyer will need to pay for police collision reports, medical records, and expert witnesses. They may also hire actuaries to calculate the exact loss of financial dependency for your family. These upfront costs are called “disbursements.” The law firm will pay all these out-of-pocket expenses while your case is ongoing, meaning you never have to pull out your credit card.
Step 4: Resolving the Claim and Distributing Funds
Once a settlement is reached or a judge at the Edmonton Court of King’s Bench awards damages, the funds are sent directly to your lawyer’s secure trust account. From this total amount, the lawyer will deduct their agreed-upon percentage and reimburse the firm for the exact disbursements they paid. The remaining tax-free balance is then transferred to your family or the deceased’s estate.
How Much Does it Cost in Edmonton?
Transparency is key when entering a legal agreement. Here is a breakdown of the typical costs and percentages involved in an Edmonton wrongful death lawsuit:
- Lawyer’s Percentage: In Alberta, contingency fees for wrongful death claims usually range from 30% to 35% (plus GST). If a case is exceptionally complex and goes to a full trial, the percentage may be slightly higher, but this will be agreed upon in advance.
- Court Filing Fees: The provincial fee to officially file your Statement of Claim at the Court of King’s Bench is $250 CAD. Your lawyer will pay this on your behalf initially.
- Expert Disbursements: Hiring economic experts to calculate decades of lost income, or accident reconstruction specialists to prove fault, can cost anywhere from $5,000 to $25,000 CAD. These are strictly recovered from the final settlement.
| Fee Structure Type | Upfront Costs | Financial Risk to Family |
|---|---|---|
| Hourly Rate | Requires a large retainer (e.g., $5,000+). | High. You pay regardless of whether you win or lose. |
| Contingency Fee | $0 upfront. | Low. You only pay a percentage if the lawyer wins the case. |
How Long Does the Process Take?
Wrongful death claims involve high stakes and complex calculations of future losses, so they are rarely resolved overnight. While some straightforward cases may settle out of court in 1 to 2 years, cases involving disputed liability or complex estate issues can take 3 to 4 years. Despite the timeline, the law firm will continue to fund the case without asking you for payments.
Frequently Asked Questions (FAQ)
What happens if we lose the lawsuit?
Under a standard contingency fee agreement, if you lose the case, you do not owe the lawyer any money for their time or hourly work. However, depending on the specific wording of your contract, you might be responsible for reimbursing some of the out-of-pocket disbursements, or the opposing party’s legal costs. Always discuss this with your lawyer before signing.
Are there any hidden fees in a contingency agreement?
No. The Law Society of Alberta requires lawyers to be completely transparent about their fee structures. The percentage taken must be clearly stated in the written contract, and your lawyer must provide an itemized list of all disbursements at the end of the case.
Will my settlement be taxed by the CRA?
In Canada, compensation received for personal injury or wrongful death, including damages for loss of dependency and bereavement, is generally completely tax-free under Canada Revenue Agency rules.
Can we change lawyers if we are not happy?
Yes, you have the right to change lawyers at any time. However, your previous lawyer will likely place a lien on your final settlement to recover the value of the time and disbursements they already invested in your case.
Leave a Reply