If your loved one was partially at fault for a fatal accident in Edmonton, you can still file a wrongful death claim. Alberta follows the Contributory Negligence Act, meaning your family’s final compensation will simply be reduced by the deceased’s percentage of fault.
Losing a family member in a sudden motor vehicle collision on the Yellowhead Trail or Anthony Henday Drive is an unimaginable tragedy. The situation can become even more stressful if the Edmonton Police Service or the insurance company suggests that your loved one was partially to blame for the crash. Many families mistakenly believe that if their relative made a mistake-like speeding or failing to wear a seatbelt-they lose their right to seek financial justice.
Fortunately, Alberta law recognises that multiple factors can cause an accident. Under the concept of contributory negligence, partial fault does not erase the other driver’s liability. A skilled personal injury lawyer can help investigate the crash, minimize your loved one’s assigned blame, and ensure your family receives the maximum compensation you may be entitled to. 💰
Step-by-Step Process in Edmonton
Handling a wrongful death claim where fault is disputed requires a thorough independent investigation. Here is how a legal professional will typically build your case.
Step 1: Immediate Accident Reconstruction
Police reports are not the final word on liability. Your law firm will quickly send an independent accident reconstruction engineer to the Edmonton crash site. They will analyze skid marks, vehicle damage, and electronic black box data to determine exactly how the collision occurred and who was truly responsible.
Step 2: Determining the Percentage of Fault
If your loved one was partially responsible, the lawyers and insurance adjusters will negotiate a fault split based on the Alberta Contributory Negligence Act. For example, if the other driver ran a red light, but your loved one was driving over the speed limit, liability might be split 75% to the other driver and 25% to your loved one.
Step 3: Calculating Total Family Damages
Before applying the fault reduction, your lawyer will calculate the total value of your claim under the Fatal Accidents Act. This includes statutory bereavement damages (grief), funeral costs, and the massive loss of future financial dependency if the deceased was a wage earner. 📊
Step 4: Filing at the Court of King’s Bench
To secure the payout, your legal team will file a Statement of Claim at the Edmonton Court of King’s Bench. The final settlement you receive will be the total calculated damages minus your loved one’s percentage of fault.
How Much Does it Cost in Alberta?
Grieving families do not have to worry about hourly legal bills, as most Edmonton wrongful death lawyers work on a contingency basis.
| Cost / Compensation Factor | Details (in CAD) |
|---|---|
| Impact of 25% Partial Fault | If your total claim is valued at $400,000, a 25% fault finding reduces your payout by $100,000. You receive $300,000. |
| Court Filing Fee | $250 mandatory provincial fee to file the Statement of Claim. |
| Lawyer Fees | Standard contingency fees are 30% to 33% of the final recovered amount. |
How Long Does the Process Take?
Disputed liability cases naturally take longer to resolve because both insurance companies are fighting over the exact percentage of blame.
- Statute of Limitations: Your Statement of Claim must generally be filed within 2 years of the fatal accident.
- Investigation Phase: Securing engineering reports and finalizing the fault percentage can take 6 to 12 months.
- Total Timeline: Negotiating a complex shared-fault wrongful death settlement typically takes 1.5 to 3 years.
Frequently Asked Questions (FAQ)
What if my loved one wasn’t wearing a seatbelt?
In Alberta, failing to wear a seatbelt is a classic example of contributory negligence. Courts typically assign a 15% to 25% fault reduction in these cases, but only if the defence can medically prove that the seatbelt would have prevented the fatal injuries.
Does Section B insurance still pay out?
Yes. Regardless of fault, the deceased’s own Alberta auto insurance policy includes Section B Accident Benefits. This generally provides a prompt death benefit (around $10,000 to the head of household) and covers up to $6,150 for funeral expenses.
Can the police report be challenged?
Absolutely. Police officers issue traffic tickets based on initial observations, but civil liability is determined by a judge using expert engineering evidence. Your lawyer can successfully argue that the police report’s assignment of fault was incorrect.
What if they were a pedestrian crossing outside a crosswalk?
Jaywalking does not give a driver the right to hit someone. Drivers must always exercise due care. While the pedestrian may be assigned partial contributory negligence, the speeding or inattentive driver will still bear a significant portion of the legal liability.
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