Losing a loved one to someone else’s negligence is devastating. A wrongful death lawyer in Calgary at Centobin Law Office helps grieving families file claims under Alberta’s Fatal Accidents Act, pursue bereavement damages, and hold negligent parties accountable. When a fatal accident takes someone from your family, the financial and emotional toll can feel insurmountable. Our wrongful death lawyers in Calgary fight to secure the compensation your family needs to move forward — so you can focus on healing while we handle the legal process.
Wrongful death in Alberta occurs when a person dies as a result of another party’s wrongful act, neglect, or default — and the deceased would have been entitled to claim personal injury damages had they survived. Alberta’s Fatal Accidents Act (RSA 2000, c F-8) governs wrongful death claims. It creates a right of action for the deceased’s family members to recover compensation, including bereavement damages, loss of financial dependency, and funeral expenses. A wrongful death lawyer in Calgary at Centobin Law Office guides families through this process, from initial claim filing through to resolution at the Court of King’s Bench of Alberta.
Alberta is one of the few Canadian provinces that operates under a dual-statute framework for fatal accident claims. The Fatal Accidents Act provides a new cause of action for surviving family members. At the same time, the Survival of Actions Act (RSA 2000, c S-27) allows the deceased’s estate to continue any personal injury claim the victim could have brought if they had survived. The estate claim under the Survival of Actions Act is limited to actual financial losses and excludes pain and suffering damages. Both statutes can be pursued simultaneously, allowing families to recover compensation through two distinct legal channels.
This dual-statute approach is a critical distinction that many families — and some lawyers — overlook. A wrongful death lawyer at Centobin Law Office in Calgary ensures that both avenues are assessed to maximize the total compensation available to your family.
Understanding your legal options after a fatal accident is the first step. If someone you love was killed in a car accident, workplace incident, or medical malpractice event in Calgary, contact a Personal Injury Lawyer in Calgary at Centobin Law Office for a free case assessment.
A wrongful death claim in Alberta is a civil lawsuit filed under the Fatal Accidents Act (RSA 2000, c F-8) when a person’s death results from another party’s negligence or wrongful act. The claim is brought by the estate’s executor for the benefit of eligible family members — including spouses, parents, children, and siblings — and can recover bereavement damages, dependency loss, and funeral expenses. Alberta’s dual-statute system also allows the estate to pursue a separate claim under the Survival of Actions Act for the deceased’s own financial losses.
Understanding what qualifies as a wrongful death claim is the foundation; the next step is determining who has the legal right to file that claim and within what time frame.
Filing a wrongful death claim in Alberta requires the executor or administrator of the deceased person’s estate to bring the action on behalf of eligible family members. Under Section 3 of the Fatal Accidents Act (RSA 2000, c F-8), only one lawsuit can be filed for a single wrongful death, and it must include all eligible beneficiaries. A wrongful death lawyer at Centobin Law Office in Calgary ensures that the claim is properly structured to protect every family member’s right to compensation.
The Fatal Accidents Act defines the following persons as eligible beneficiaries in a wrongful death claim:
The claim must be brought by the executor named in the deceased’s will or by a court-appointed administrator if no will exists. If the executor or administrator does not file within one year of the death, another eligible family member may apply to the Court of King’s Bench of Alberta for permission to bring the action.
If your loved one died without a will, or if there is a dispute about who should administer the estate, consulting a Wills and Estates Lawyer in Calgary at Centobin Law Office can help resolve these issues before they delay the wrongful death claim.
⚠️ Critical Limitation Period: All wrongful death claims in Alberta must be filed within two years from the date of death. Failing to file within this window may permanently bar your family from recovering compensation. Contact a wrongful death lawyer in Calgary at Centobin Law Office immediately after a fatal accident to protect your rights.
Eligible beneficiaries in an Alberta wrongful death claim include the deceased’s spouse or adult interdependent partner, parents, biological children, and siblings. The executor or administrator of the estate files a single unified claim on behalf of all beneficiaries at the Court of King’s Bench of Alberta. If the executor does not act within one year, another family member may apply to the court for permission to bring the action. All claims must be filed within two years of the date of death.
Once you know who can file and the critical deadlines that apply, the next question is what types of incidents give rise to wrongful death claims in Calgary.
Wrongful death claims in Calgary arise from a wide range of fatal incidents caused by negligence, recklessness, or intentional wrongdoing. A wrongful death lawyer at Centobin Law Office in Calgary has experience pursuing claims across all major categories of fatal accident cases in Alberta.
Car accidents, truck collisions, motorcycle crashes, and pedestrian accidents remain the leading cause of wrongful death claims in Calgary. Distracted driving, impaired driving, speeding, and failure to obey traffic signals frequently result in fatal collisions on highways like Deerfoot Trail and Stoney Trail. Families of victims killed in motor vehicle accidents may access both Section B no-fault benefits and a claim under the Fatal Accidents Act.
Construction site falls, equipment failures, and industrial accidents account for a significant number of fatal workplace incidents in Alberta. While workers’ compensation covers some losses, families may have a separate right of action against third parties — such as equipment manufacturers or subcontractors — whose negligence contributed to the death.
When a patient dies due to a misdiagnosis, surgical error, medication error, or failure to treat at a Calgary hospital or clinic, the family may pursue a wrongful death claim against the medical professional or institution. Medical malpractice fatality claims require expert evidence and are among the most complex wrongful death cases to litigate.
Fatal slip-and-fall accidents, structural failures, and unsafe property conditions can give rise to wrongful death claims against property owners or occupiers in Calgary. Building code violations, inadequate maintenance, and failure to warn of hazards are common grounds for these claims.
Defective consumer products, faulty vehicle components, and dangerous industrial equipment can cause fatal injuries. Wrongful death claims based on product liability may be pursued against manufacturers, distributors, or retailers under Alberta law.
Pedestrians and cyclists struck by motor vehicles in Calgary intersections, crosswalks, or bike lanes face disproportionate fatality risks. A wrongful death lawyer in Calgary at Centobin Law Office pursues claims against negligent drivers and, where applicable, against municipalities for dangerous road design.
Regardless of how a fatal accident occurs, every eligible family shares the same core question: what compensation is available, and how much is a wrongful death claim worth in Alberta?
The value of a wrongful death claim in Calgary depends on three categories of damages under Alberta’s Fatal Accidents Act: bereavement damages (fixed statutory amounts totalling up to $82,000 per eligible relationship), loss of financial dependency (calculated from the deceased’s projected lifetime earnings and often the largest component), and recoverable expenses (funeral costs, pre-death care, travel, and grief counselling). A wrongful death claim for a primary income earner with a young family can result in a settlement valued at several hundred thousand to over one million dollars. A wrongful death lawyer at Centobin Law Office in Calgary calculates the full value of each category to ensure families receive maximum compensation.
Section 8 of Alberta’s Fatal Accidents Act sets fixed bereavement damages that eligible family members receive without needing to prove the depth of their grief. These amounts compensate for the loss of the deceased's care, guidance, and companionship.
Relationship to Deceased | Bereavement Amount |
Spouse or adult interdependent partner | $82,000 |
Parent or parents (shared equally if both claim) | $82,000 total |
Each biological child | $49,000 per child |
A spouse or adult interdependent partner who was living separate and apart from the deceased at the time of death is not eligible for bereavement damages. Stepchildren and grandchildren are generally not eligible under Section 8.
These bereavement amounts are set by statute and have not been updated since May 1, 2013. A wrongful death lawyer at Centobin Law Office in Calgary ensures that bereavement damages are claimed for every eligible family member as part of the unified wrongful death action.
Bereavement damages in Alberta are fixed statutory amounts set by Section 8 of the Fatal Accidents Act to compensate eligible family members for grief and loss of companionship. Spouses or adult interdependent partners receive $82,000; parents share $82,000 (equally); and each biological child receives $49,000. These amounts are awarded automatically without requiring proof of emotional suffering. Separated spouses, stepchildren, and grandchildren are not eligible.
Dependency claims represent the largest component of most wrongful death settlements in Alberta. This category compensates family members for the financial support they would have received from the deceased had the death not occurred.
Courts at the Court of King’s Bench of Alberta calculate dependency loss by considering the deceased’s historical earnings, projected career trajectory, work benefits, tax implications, and personal living expenses. Expert economic reports, employment records, and tax returns form the evidentiary foundation for these calculations.
Dependency claims are not limited to spouses and children. Parents may also claim loss of dependency based on the concept of filial piety — the expectation that a child would have financially contributed to their parents’ support in the future. A wrongful death lawyer in Calgary at Centobin Law Office gathers the evidence necessary to establish each family member’s dependency claim.
Under Section 7 of the Fatal Accidents Act, the following expenses are recoverable in a wrongful death claim:
In motor vehicle fatality cases, Section B no-fault benefits from the deceased’s vehicle insurance policy provide an initial $5,000 for funeral expenses plus a death benefit that varies by the deceased’s age and the claimant’s relationship. These benefits are available regardless of who was at fault for the accident.
A wrongful death lawyer at Centobin Law Office in Calgary ensures that families access both Section B benefits and the full range of Fatal Accidents Act damages, so no source of compensation is overlooked.
The total value of a wrongful death claim in Alberta varies based on the deceased’s income, age, number of dependants, and the circumstances of the death. Bereavement damages alone can total $82,000 or more for eligible family members. Dependency claims — which compensate for lost future financial support — often represent the largest portion and can reach hundreds of thousands of dollars for families who relied on the deceased’s income. Additional recoverable amounts include funeral expenses, pre-death care costs, travel expenses, and grief counselling. A wrongful death lawyer at Centobin Law Office in Calgary assesses every available compensation channel to maximize total recovery.
Filing a wrongful death claim in Alberta follows a defined legal pathway governed by the Fatal Accidents Act and the Alberta Rules of Court. A wrongful death lawyer in Calgary at Centobin Law Office manages every stage of this process on your family’s behalf.
A wrongful death lawyer at Centobin Law Office reviews the circumstances of the death, identifies the liable parties, and explains your family’s legal options. This consultation is free and confidential. The lawyer assesses whether the death was caused by a wrongful act, neglect, or default that would have entitled the injured party to claim damages.
Preserving evidence immediately after a fatal accident is critical. The legal team collects police reports, medical records, autopsy reports, witness statements, workplace safety reports, and any available surveillance footage. In motor vehicle fatality cases, accident reconstruction experts may be retained. Delays in evidence collection can permanently weaken a wrongful death claim.
A wrongful death claim may be brought against individuals, corporations, government entities, medical professionals, or product manufacturers. In some cases, multiple parties share liability. The wrongful death lawyer identifies every party whose negligence contributed to the fatal accident.
The executor or administrator of the deceased’s estate files a Statement of Claim at the Court of King’s Bench of Alberta. This document names all defendants, identifies all eligible beneficiaries, and sets out the categories of damages claimed. The Statement of Claim must be filed within two years of the date of death.
Both parties exchange evidence through the discovery process. The wrongful death lawyer retains expert witnesses — including economists, medical professionals, and accident reconstruction specialists — to support the dependency claim, establish causation, and quantify damages.
Most wrongful death claims in Alberta resolve through negotiated settlement or judicial dispute resolution before reaching trial. Insurance companies frequently make early settlement offers that undervalue the claim. A wrongful death lawyer at Centobin Law Office in Calgary negotiates aggressively to ensure any settlement reflects the full value of your family’s losses.
If a fair settlement cannot be reached, the wrongful death lawyer takes the case to trial at the Court of King’s Bench of Alberta. Centobin Law Office is prepared to litigate wrongful death claims through trial and, if necessary, to the Alberta Court of Appeal.
Insurance companies and defendants in wrongful death cases do not simply accept liability. They often raise legal defences designed to reduce or eliminate the compensation owed to your family. A wrongful death lawyer at Centobin Law Office in Calgary anticipates these defences and develops a case strategy to overcome them.
The most common defence in Alberta wrongful death cases is contributory negligence — the argument that the deceased was partially responsible for their own death. If the court finds that the deceased contributed to the fatal incident, damages are reduced proportionally. For example, if the deceased was found 25% at fault in a car accident, the total compensation awarded is reduced by 25%.
A wrongful death lawyer at Centobin Law Office in Calgary challenges contributory negligence arguments through detailed accident reconstruction, expert testimony, and thorough evidence analysis.
The defendant may argue that they owed no duty of care to the deceased — for example, that the deceased was trespassing on private property or that the relationship between the parties did not create an obligation to prevent harm. Establishing the existence of a duty of care is a foundational element of every wrongful death claim.
This defence argues that the deceased voluntarily participated in a dangerous activity and accepted the associated risks. Employers, activity operators, and property owners may raise this defence when deaths occur during inherently risky activities. A wrongful death lawyer evaluates whether the risk was truly voluntary and whether the defendant’s negligence exceeded the accepted level of danger.
If a wrongful death claim is not filed within two years of the date of death, the defendant will argue that the limitation period has expired and the claim is statute-barred. This defence is absolute — once the limitation period passes, the court cannot revive the claim regardless of its merits.
Overcoming these defences requires a wrongful death lawyer with specific litigation experience in Alberta fatal accident cases — which is why choosing the right legal team is the most consequential decision a grieving family makes.
Choosing a wrongful death lawyer in Calgary is one of the most important decisions your family will make after losing a loved one. Centobin Law Office brings a combination of legal expertise, compassionate representation, and aggressive advocacy that families in Calgary rely on during the most difficult period of their lives.
A wrongful death lawyer at Centobin Law Office pursues claims under both the Fatal Accidents Act and the Survival of Actions Act to maximize the total compensation available to your family. Many law firms pursue only one of these avenues, leaving money on the table.
Fatal accident evidence degrades quickly. The wrongful death lawyers at Centobin Law Office in Calgary begin investigation and evidence collection within hours of your initial consultation — securing police reports, witness statements, and physical evidence before it is lost.
Centobin Law Office represents wrongful death clients on a contingency fee basis. Your family pays no legal fees unless the case is successfully resolved through settlement or trial. This removes the financial barrier to pursuing justice after a fatal accident.
The wrongful death lawyers at Centobin Law Office are experienced litigators at the Court of King’s Bench of Alberta and the Alberta Court of Appeal. If insurance companies refuse to offer fair compensation, the legal team is prepared to take your case to trial.
Grieving families need a legal team that listens, communicates clearly, and respects the emotional weight of the situation. At Centobin Law Office, every wrongful death client works directly with experienced lawyers — not paralegals or assistants.
As a Personal Injury Lawyer in Calgary with a dedicated wrongful death practice, Centobin Law Office is uniquely positioned to handle the legal, financial, and procedural complexities of fatal accident claims in Alberta.
Under Alberta’s Fatal Accidents Act (RSA 2000, c F-8), a wrongful death claim must be filed by the executor or administrator of the deceased person’s estate. The claim is brought for the benefit of the spouse or adult interdependent partner, parents, children, brothers, and sisters of the deceased. Only one lawsuit can be filed for a single wrongful death, and all eligible beneficiaries must be included.
Section 8 of Alberta’s Fatal Accidents Act sets fixed bereavement damages: $82,000 to the spouse or adult interdependent partner, $82,000 to the parent or parents (divided equally if both claim), and $49,000 to each biological child of the deceased. These amounts are awarded without requiring proof of the extent of grief.
Yes. Under Section 5 of the Fatal Accidents Act, if the person responsible for the death has also died, the wrongful death claim can be brought against the executor or administrator of that person’s estate. If no executor or administrator has been appointed, a judge at the Court of King’s Bench of Alberta may appoint a litigation representative to defend the claim on behalf of the deceased wrongdoer’s estate.
Yes. If the court finds that the deceased was partially responsible for their own death, the total compensation is reduced proportionally. For example, if the deceased was 20% at fault, the damages awarded are reduced by 20%. Insurance companies frequently argue contributory negligence to lower settlement amounts, which is why having a wrongful death lawyer in Calgary at Centobin Law Office is essential.
The limitation period for a wrongful death claim in Alberta is two years from the date of death. If the executor or administrator does not file within one year of the death, another eligible family member may apply to the Court of King’s Bench of Alberta to bring the action. Missing the two-year deadline permanently bars the family from recovering compensation.
A wrongful death claim is a civil lawsuit filed by the deceased’s family to recover financial compensation. Criminal charges — such as dangerous driving causing death or criminal negligence causing death — are prosecuted by the Crown and can result in imprisonment. The two proceedings are independent of each other, and a wrongful death claim can succeed even if no criminal charges are laid. If you are also navigating criminal proceedings related to a fatal accident, a Criminal Lawyer in Calgary at Centobin Law Office can advise on that process.
Section B benefits are no-fault benefits available through the deceased’s vehicle insurance policy after a motor vehicle accident fatality in Alberta. These benefits provide up to $5,000 for funeral expenses, a death benefit that varies by the deceased’s age and the claimant’s relationship, and up to $400 per family for grief counselling. Section B benefits are available regardless of who caused the accident and are separate from any claim under the Fatal Accidents Act.
Families who lose a loved one due to another party’s negligence need a wrongful death lawyer to navigate Alberta’s Fatal Accidents Act, preserve critical evidence, calculate dependency claims, negotiate with insurance companies, and file the Statement of Claim at the Court of King’s Bench of Alberta within the mandatory two-year limitation period. Without legal representation, families risk accepting settlements that undervalue their losses or missing statutory deadlines that permanently extinguish their right to compensation. A wrongful death lawyer at Centobin Law Office in Calgary provides this representation on a contingency-fee basis — no legal fees unless the case is successfully resolved.
The two-year limitation period for wrongful death claims in Alberta begins on the date of death. Every day that passes without legal action puts your family’s right to compensation at risk. A wrongful death lawyer in Calgary at Centobin Law Office is ready to listen, investigate, and fight for the justice your family deserves.
Hear from Our Satisfied Clients
Davis
This legal team easily guided me through a complicated family law matter. Their team was responsive and knowledgeable and always had my best interests at heart.
Ethan
I needed help with a commercial dispute, and Centobin Law resolved it efficiently. Their attention to detail and commitment to my case was outstanding.
Liam
I was facing criminal charges and didn’t know where to turn. This law firm not only defended my rights but treated me with respect and understanding throughout the process.
Aiden
I couldn’t have asked for better representation during my divorce. Centobin Law truly cared about my situation and fought for my best interests.
Lucas
I was impressed by the way they handled my immigration case. The lawyers were knowledgeable and helped me through every step of the process.
Jack
Centobin Law Office was there for me when I needed legal representation the most. Their team was professional, prompt, and gave me the results I needed.
