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Wrongful Death

An American tort law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (eg. spouse, children or parent).

These actions are commenced under special "wrongful death" statutes because under the common law, there is no right of action for survivors for their own loss as a result of someone else's death.

The Canadian equivalent of the wrongful death legislation is generally known as the "fatal accidents act" (eg. Alberta's is at canlii.org/ab/laws/sta/f-8/index.html).

In England, it is known as Lord Campbell's Act.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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