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Wrongful Death Suits Aren’t Like Other Calgary Personal Injury Claims: Part 1

Posted in: Blog // Written on behalf of Cuming & Gillespie
October 16, 2015

Nothing is as devastating as the sudden loss of a loved one due to a traumatic accident, and when that accident is caused by someone else’s negligence—meaning it could have been avoided if only proper care had been taken—a wrongful death becomes all the more tragic. Here at Cuming & Gillespie, we help families that are suffering through a wrongful death every day, and we know first-hand how difficult this time can be.

We also know how confusing wrongful death suits are, and how convoluted the process of seeking justice and getting the compensation you deserve can be. No area of Alberta’s personal injury laws are simple, yet the laws governing wrongful death claims are especially complex and are frequently changing due to legislation and judicial decisions. Calgary families rarely have accurate and comprehensive information when they begin a suit, and the difficult times they’re enduring make learning the law all but impossible.

Partnering with a team of legal professionals is, of course, the best way to close the knowledge gap and successfully pursue a wrongful death case, but we know that many of our clients and others in the Calgary public would like a little more information on their own. To that end, here’s a quick look at some of the differences between wrongful death suits and other personal injury cases in the Calgary area.

Most Calgary Personal Injury Cases Only Compensate the Injured Party

In most personal injury cases arising from Calgary car accidents, workplace injuries, slip-and-fall incidents, and so on, the only person with a legal standing to file a lawsuit is the injured party themselves. There are certain cases where severe injuries can dramatically change a person’s physical capabilities and—in the case of traumatic brain injuries—their personalities to the point that spouses may also have a right to compensation for the alteration to their life, but such cases are often as complex as wrongful death suits.

In wrongful death suits themselves, the deceased cannot collect any compensation for their pain and suffering. The law in effect in Calgary does not transfer the injured (i.e deceased) person’s rights to other family members, but rather looks to compensate the non-injured family members for the loss they have suffered. This means determining the “value” of the decedent’s life to the lives of the other family members, which is a tricky and frequently painful process.

This is a large part of what makes Calgary wrongful death suits so complex, and why partnering with the right personal injury lawyer is so important.

Calgary’s Premier Personal Injury Law Firm Can Help with Your Wrongful Death Case

If your family has recently lost a loved one due to a preventable accident caused by someone else’s negligence, you are entitled to compensation for the financial hardship this can create, and for your pain and suffering. You don’t have to fight for justice alone, either. Get the help you deserve during this difficult time and contact the lawyers at Cuming & Gillespie today for a free consultation.

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