Lisinopril Lawsuit
No pain can compare to the loss of a loved one. It is even more painful if the death results from someone else’s intentional or negligent actions. Under Albertas’ Fatal Accidents Acts, family members can claim for losing a loved one due to someone else’s actions. However, wrongful death lawsuits can be tough to prove without the help of wrongful death claim lawyers. A court will require the plaintiff to prove that the deceased died due to the defendant breaching the duty they owed the plaintiff.
The personal injury team at MNH will help you build your case and seek fair compensation. While it may seem odd to put a dollar value on your loved one’s life, wrongful death cases provide bereaving families with critical compensation. Wrongful death claims not only provide compensation for grieving families, but also justice for the death of their loved one.
Who can benefit from a wrongful death case?
A wrongful death claim may be filed by the administrator or executor of the deceased’s estate within a year of the death. According to Albertas’ FAA, only the deceased spouses, children, parents, and siblings can benefit from the case.
Some compensatory damages for these individuals may include Lost parental instruction and guidance, Lost spousal companionship, medical expenses, funeral and burial expenses, counseling fees, and travel and accommodation from the time of injury to the date of death.
All eligible parties may file wrongful death claims if an executor or administrator is not named within a year. However, Section 4 of the FAA states that only one case can be filed, meaning parties must put all their claims regarding the decedent in one lawsuit.
Mistakes to Avoid in wrongful death cases
All legal proceedings, including a wrongful death claim, depend on plaintiffs’ awareness of their rights, limitations, and timing constraints. Mistakes can reduce the likelihood of a successful claim. Here’s a look at what not to do in a wrongful death lawsuit.
Infighting within the family
The passing of a loved one results in a lot of tension within the family. Engaging in meaningful conversations can be challenging in such a compromised mental state. Arguments within the family can result in confusion and mistakes in wrongful claim paperwork. Parties need to be on the same page regarding wrongful death claims.
Making public statements
Avoid publicly talking about the events surrounding your loved one’s death. You might think you’re making harmless statements, but not everyone is your friend. Some may use your words to besmirch your loved one’s reputation and even downplay their role in the person’s death.
Talking with insurers on your own
The insurers of the party at fault may try different tactics to deny your claim or reduce the settlement amount. Without representation, don’t talk with the defendant’s team, including their insurance provider. Generally, insurers are more willing to cooperate when dealing with experienced personal injury lawyers.
Not considering all liable parties
It may be easy to determine the individual primarily responsible for the wrongful death of your loved one. However, other hidden parties may be involved, including an employer, parent organization, etc. Failing to consider these parties leads to a loss of substantial compensation. Plus, they escape justice for their role in the passing of your loved one.
Delaying to file a wrongful death claim
The statute of limitation on wrongful death cases in Alberta is two years after death. Your claim could be denied if you don’t file in time. Retaining a lawyer as soon as possible if you have a wrongful death claim is recommended so they can gather great evidence and file your case in time.
Accepting a settlement offer without proper guidance
There are various hidden expenses associated with a loved one’s death. Expenses are generally categorized as economic or non-economic. Economic expenses are easy to calculate and include medical expenses, funeral expenses, burial costs, household services, and loss of financial contribution.
On the other hand, non-economic damages include intangible losses such as mental anguish, loss of gifts, and consortium. These are only possible to estimate with proper guidance.
However, an experienced personal injury lawyer can help ensure the settlement includes these losses. They typically employ a team of investigators and other experts to gather evidence and estimate damages, including intangible losses. They can negotiate on your behalf, ensuring stubborn insurers play ball and offer a fair settlement.
