The ability to file a wrongful death claim in Atlantic Canada depends on the specific province’s laws, but generally, it includes a wide range of family members. In most cases, the immediate family of the deceased can bring the action. This typically includes:
- Spouses or common-law partners: The surviving spouse or partner is generally the first person entitled to file a wrongful death claim.
- Children: Both biological and adopted children of the deceased may bring a claim, regardless of whether they were financially dependent on the deceased.
- Parents: If the deceased person was a minor or if no other immediate family members are available, the parents may bring a claim.
- Siblings: In certain cases, siblings may also be able to bring a claim, especially if they were financially dependent on the deceased.
The laws in Atlantic Canada may also allow other individuals to pursue a wrongful death claim under specific circumstances. For instance, in some provinces, those to whom the deceased stood in loco parentis (i.e., someone who cared for or acted as a parent to the deceased) may be entitled to file. Additionally, grandparents, legal guardians, and sometimes even extended family members could potentially bring a claim if they were closely connected to the deceased person and suffered significant emotional or financial loss due to the death.
Furthermore, in some cases, if the deceased had no immediate family members or other potential claimants, the personal representative of the deceased’s estate (such as an executor or administrator) may file the claim on behalf of the deceased’s beneficiaries.
Since the rules for who can file a claim vary from province to province, it’s important to consult with a fatal accident lawyer familiar with the wrongful death laws in the specific Maritime province where the accident occurred. This ensures that you understand your rights and whether you or other family members are eligible to bring the action to court. A fatal injury lawyer can also advise on how to properly represent the interests of all potential claimants in a wrongful death lawsuit.