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Wrongful Death In Canada

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What is the name of your state? Alberta, Canada

My son in law is a Canadian resident and had been here in the United States since my daughter and he married in February of 2003. He was just beginning the process of filing for citizenship, beginning with a work permit, when, in July of that same year, he received word from Canada that his mother had been run over and killed by a drunk driver. He went back to Canada to settle her estate, etc.
He is the only child and was living at home until he and my daughter married. At the time of his mother's death, he was still 24 years of age. He remained up in Canada until this week and had hired an attorney there. He has been basically waiting almost a year now to receive an offer to settle from the auto insurance company of the man who ran down his mother (who has since been convicted and is serving five years in jail) In any case,
just the other day, his attorney advised him that the insurance company was not required to settle with any family member who was either under 25 (which he was not at the time) or was married, which he is. They do not classify such individuals as dependents and, therefore, they are not titled to compensation. However, had he not been married, he would have received as much as
$ 250,000.00. Is this true? Is this a scam of some kind?
What recourse, if any, does he have? Being his mother's sole survivor, I would think he should receive something especially since this man has already been proven guilty.
Can someone with some knowledge of Canadian law shed some light on this?
 


I AM ALWAYS LIABLE

Senior Member
flora maestas said:
What is the name of your state? Alberta, Canada

My son in law is a Canadian resident and had been here in the United States since my daughter and he married in February of 2003. He was just beginning the process of filing for citizenship, beginning with a work permit, when, in July of that same year, he received word from Canada that his mother had been run over and killed by a drunk driver. He went back to Canada to settle her estate, etc.
He is the only child and was living at home until he and my daughter married. At the time of his mother's death, he was still 24 years of age. He remained up in Canada until this week and had hired an attorney there. He has been basically waiting almost a year now to receive an offer to settle from the auto insurance company of the man who ran down his mother (who has since been convicted and is serving five years in jail) In any case,
just the other day, his attorney advised him that the insurance company was not required to settle with any family member who was either under 25 (which he was not at the time) or was married, which he is. They do not classify such individuals as dependents and, therefore, they are not titled to compensation. However, had he not been married, he would have received as much as
$ 250,000.00. Is this true? Is this a scam of some kind?
What recourse, if any, does he have? Being his mother's sole survivor, I would think he should receive something especially since this man has already been proven guilty.
Can someone with some knowledge of Canadian law shed some light on this?

My response:

Since when is "Alberta, Canada" a State?

IAAL
 

cbg

I'm a Northern Girl
Flora, if you will look at the top of the page you will see that it says, US law only. The law in Canada can be VERY different from that in the US, and none of the regular responders here are qualified to speak on it.

Sorry.
 
I apologize as I did not realize that participants in this forum could not comment on Canadian law. I thought perhaps that someone was familiar with it or had personal experience to draw from. I realize Alberta, Canada is not a state. I was simply trying to identify this question as pertaining to a situation in Canada where Alberta would be considered the closest thing to our US equivalent of a state.

Sorry again!
 

I AM ALWAYS LIABLE

Senior Member
My response:

Well, that was a lame excuse - - "equivalent of a State". What about reading the instructions at the top of the page? And, wasn't asking for the State name a big hint? Now, if it asked for the Province Name, then I could understand. But, that was a big stretch and a lame excuse. We've received LOTS of excuses for Canadian having posted to this site, but your is by far the best - - as far as lame excuses go, that is.

IAAL
 
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