If an impaired driver kills a family member in Edmonton, you can file a civil wrongful death lawsuit alongside their criminal trial. Filing at the Court of King’s Bench costs $250 CAD, and you may be entitled to claim rare punitive damages to punish the driver’s reckless behaviour.
Losing a loved one because someone chose to drive under the influence of drugs or alcohol is an infuriating and senseless tragedy. In Canada, impaired driving causing death is a serious indictable offence, and the Crown Prosecutor will seek criminal charges. However, a criminal conviction might put the driver behind bars, but it does absolutely nothing to compensate your family for the massive financial and emotional void left behind.
To secure financial stability, grieving families in Edmonton must initiate a separate civil lawsuit against the impaired driver. Navigating the civil justice system while a criminal trial is ongoing is complex, but a dedicated local lawyer from our directory can manage the legal burden. In these rare cases, the courts in Alberta may even award punitive damages to heavily penalize the at-fault driver’s destructive choices. 🚗
Step-by-Step Process in Edmonton
A civil wrongful death lawsuit runs on a different track than a criminal trial. The burden of proof in civil court is based on a “balance of probabilities,” which is an easier threshold to meet than “beyond a reasonable doubt.”
Step 1: Monitoring the Criminal Proceedings
Your civil lawyer will closely monitor the criminal case managed by the Edmonton Police Service and the Crown. If the driver pleads guilty or is convicted of impaired driving, this criminal conviction serves as incredibly powerful evidence of negligence for your civil lawsuit.
Step 2: Filing the Statement of Claim
You do not need to wait for the criminal trial to finish before starting your civil claim. Your lawyer will file a Statement of Claim at the Edmonton Court of King’s Bench within the 2-year limitation period. This document will outline your demands under the Fatal Accidents Act and the Survival of Actions Act.
Step 3: Pursuing Punitive Damages
In standard car accidents, compensation is only meant to restore the victim financially. However, because impaired driving is highly socially unacceptable, your lawyer can explicitly plead for punitive damages. These are additional funds awarded purely to punish the defendant and deter others from driving drunk in Alberta. ⚔
Step 4: Negotiating with the Insurance Company
Even if the driver was impaired, their auto insurance company is generally still legally obligated to respond to the third-party civil claim. Your lawyer will negotiate a settlement with the insurer to cover bereavement damages, lost future income, and funeral costs.
How Much Does it Cost in Alberta?
Filing a lawsuit against an impaired driver requires legal resources, but your family will not have to pay out of pocket to begin the process.
| Expense Type | Estimated Cost in CAD |
|---|---|
| Court Filing Fee | $250 mandatory fee at the Court of King’s Bench. |
| Lawyer Fees | Typically 30% to 33% of the final settlement (Contingency Basis). |
| Punitive Damages | If awarded, these can add $10,000 to $50,000+ on top of your standard compensation. |
How Long Does the Process Take?
Civil lawsuits involving impaired drivers can face slight delays due to the concurrent criminal proceedings.
- Statute of Limitations: You strictly have 2 years from the date of the accident to file your civil lawsuit.
- Criminal Delays: The civil Discovery process may be temporarily paused until the criminal trial concludes, so the defendant does not incriminate themselves.
- Total Timeline: Expect the entire civil process to take 2 to 4 years to reach a final settlement or trial verdict in Edmonton.
Frequently Asked Questions (FAQ)
Do we have to wait for the criminal trial to finish?
No, you should not wait. You must file your civil Statement of Claim within the strict two-year limitation period, regardless of where the criminal trial stands. Your lawyer will coordinate the timing with the civil court.
Will their insurance pay if they were drunk?
Yes. While an impaired driver breaches their insurance contract, Alberta law protects innocent third-party victims. The insurance company must still pay your family’s civil judgment, though they may later try to sue their own driver to recover the money.
What if the drunk driver had no insurance or fled?
If the impaired driver was uninsured or committed a hit-and-run, your family can claim compensation through the Alberta Motor Vehicle Accident Claims Program (MVAC) or through the SEF 44 Family Protection Endorsement on your own auto policy.
Can a bar be held responsible for the death?
Yes, under commercial host liability (Dram Shop laws). If an Edmonton bar, pub, or restaurant over-served the driver when they were visibly intoxicated and knew they would be driving, your lawyer can include the establishment as a defendant in the lawsuit.
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