Sara
In Calgary, a death is legally considered "wrongful" when it is caused by another person's negligence or intentional actions. This means someone is legally responsible for the death, unlike in cases of natural causes or unavoidable accidents where no one is at fault.
In these situations, the law allows surviving family members, like spouses, children, or parents, to pursue justice for their loss. They may be entitled to financial compensation for their loss, including funeral expenses, loss of companionship, and future income the deceased would have contributed.
However, proving wrongful death involves more than pointing fingers. The legal process is complex, time-sensitive, and emotionally draining. That's why it's essential to hire a wrongful death lawyer who has deep knowledge of Calgary's laws and can guide the family through the process with compassion and clarity.
To bring a successful wrongful death claim, there must be a clear legal basis showing that someone else's actions or failure to act directly caused the death. The law outlines specific circumstances under which a death may be considered wrongful, and these typically fall into one or more of the following categories:
Negligence
Negligence is a leading cause of wrongful death cases. It happens when someone fails to act responsibly, and that carelessness results in another person's death. For example, if a driver runs a red light and causes a fatal crash, they may not have meant to harm anyone, but their actions still make them legally accountable. In these situations, the victim's family has the right to seek compensation for the loss that could have been avoided.
Recklessness
Recklessness involves knowingly engaging in dangerous behavior with little or no regard for the safety of others. Driving under the influence of alcohol or drugs is a prime example. Even if there was no intent to kill, the conscious decision to act recklessly, like speeding through a school zone or texting while driving, can result in devastating outcomes. Such behavior can form the basis for both criminal charges and a wrongful death lawsuit.
Intentional Misconduct
Wrongful death can also result from intentional and harmful actions. For example, if someone is killed due to a violent crime like assault or murder, the person responsible may face criminal charges. At the same time, the victim's family has the right to file a civil wrongful death lawsuit. While the criminal case focuses on punishing the offender, the civil claim is meant to help the family recover financial compensation for their emotional pain, lost support, and other related losses.
Breach of Duty
Professionals in specific roles, such as doctors, nurses, property managers, and caregivers, are legally obligated to protect others' safety and well-being. When they fail to uphold that duty, and it results in death, it may be grounds for a wrongful death claim.
For example, a medical professional who misdiagnoses a life-threatening illness or performs a surgical procedure incorrectly can be held accountable if that breach leads to the patient's death. The surviving family member can file a claim to get compensation to handle the financial commitments.
While no amount of compensation can replace a lost loved one, taking legal action can ease the financial burden and provide a sense of justice. If you are facing this painful situation, do not navigate it alone.
Hiring a wrongful death lawyer with experience can give your family the support, clarity, and strength needed to move forward with confidence. They help you in gathering evidence, investigating the case, negotiating with the insurance, or going to trial if needed. Only a lawyer can help you get the compensation you deserve.
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