Wrongful Death Claim Lawyer in Vancouver, BC

If you have lost a family member in an accident or due to someone else’s intentional act, you don’t have to let your grief prevent you from taking action to hold the responsible party accountable.

The experienced and trusted Wrongful Death Personal injury lawyer in Vancouver, BC of Warnett Hallen LLP are here to help families navigate the complexities of wrongful death actions after the untimely death of a loved one. We protect grieving families from further pain by acting as their trusted representative in all legal matters.

Settling a loved one’s affairs can be an emotional and time-consuming process, even under circumstances when their passing was expected. When someone dies an untimely death that could have been prevented, a wrongful death lawsuit could help surviving family members gain a measure of justice, recover compensation for lingering medical expenses and funeral costs, and provide accurate and sufficient compensation for anything that they would have received had the person survived.

Our compassionate lawyers provide support and qualified legal counsel to grieving families in Vancouver. We understand what you are going through, and we are committed to helping you during this difficult time.

We are ready to sit down with you and discuss all of the legal options available to you as soon as you contact us for a free consultation. We’re available 24/7, so reach out to us for help whenever you’re ready.

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What Is a Wrongful Death Claim in British Columbia?

Surviving family members can pursue a wrongful death claim if their loved one dies due to the negligence or willful disregard of another party.

A wrongful death claim isn’t a criminal case. It is a civil claim seeking financial compensation for family members or other beneficiaries of the deceased.

Regardless of the circumstances surrounding the loss of your loved one, specific requirements must be met for their death to be viewed as a wrongful death in the eyes of the law. To recover compensation in a legal claim for a wrongful death, you must prove that the death was caused by someone else’s negligent or intentional act and the damages that have resulted from the death.

Common Causes of Wrongful Death

At Warnett Hallen LLP, our compassionate team recognizes the serious nature of your loss and we will work together with your family to find answers and seek justice for the loss of your loved one.

Some common situations that can result in a wrongful death claim include:

If any of these situations or another cause led to the death of your family member, you should talk to our knowledgeable wrongful death lawyers about your situation right away. Our lawyers can provide helpful insight into what your claim might look like and give you guidance on how to proceed.

Who Can File a Wrongful Death Claim in BC?

Because wrongful death cases are meant to compensate family members for the loss of their relative, only specific family members may initiate a wrongful death claim. Spouses are the most common family members to take on this role, but children and parents may also be eligible in some cases to assert a wrongful death claim.

In cases where the wrongful death victim has a spouse or domestic partner, you may have questions about how British Columbia defines “spouse” within the confines of who may be allowed to bring a wrongful death claim. According to the Family Compensation Act, British Columbia law broadly construes a “spouse” as someone who was married to the deceased or lived with them in a marriage-like relationship. If the partner was unmarried, they must establish the foundation of their relationship and that they cohabitated with the deceased person for a minimum of two years prior to the death.

At Warnett Hallen LLP, we understand that the specific circumstances surrounding your loved one’s death may be upsetting. That is why we are at your disposal to carefully review the law pertaining to your situation in the most sensitive way possible.

Damages in a Wrongful Death Claim

Damages available for compensation in a wrongful death claim are typically made through either Insurance Corporation of British Columbia (ICBC) or an individual personal injury claim. The potential compensation for either option can vary depending on the specifics of the case.

ICBC Claims

As the universal auto insurer of British Columbia, ICBC will accordingly handle claims for any type of auto accident that result in wrongful death. Damages from an ICBC claim will depend on who was at fault for the accident and the circumstances that caused the accident.

In a wrongful death ICBC claim, you and your lawyer will work to prove through evidence that the death of your loved one was caused by another party so that you can recover damages. These damages can include the following:

Pain and Suffering

The pain and suffering experienced by your loved one due to their injuries can be compensated to the family and beneficiaries. While we know that this can be particularly difficult to think about, this is the most common type of ICBC injury claim.

These types of damages can become complicated because ICBC non-pecuniary damages are capped at a maximum limit. Your lawyer can review these limitations as well as the overall amounts that you may expect to receive for your loved one’s wrongful death.

There is no exact formula for calculating these damages. Rather, these values are established by precedents set by other British Columbia wrongful death and personal injury cases. Our wrongful death lawyers can conduct a thorough review of your claim and determine an educated estimate of what your case may be worth in this area.

Loss of Income

A wrongful death claim may include compensation for the loss of income incurred by your loved one in the time period following their injuries. This is an area you need to review with a lawyer because it may be subject to limitations, which we can explain to you.

Loss of Future Income

When a life is cut short, so is the earning potential of the individual. You and your family may have depended on this income for support, and you could be entitled to compensation for this loss. Our wrongful death lawyers can review these specifics with you so you can have a full perspective of the damages that may be available in your case.

Cost of Medical Care

Medical bills accumulate quickly, and even with the loss of your loved one, you may face significant financial obligations for their care after their accident or injuries that ultimately resulted in their death. These medical care causes may be covered by a wrongful death ICBC claim.

Damages to Compensate Service Providers

If there was a period when the deceased was cared for by family members, they may be eligible for compensation for the efforts in nursing care, domestic services, and other expenses they may have incurred in these capacities.

It will be essential to explain to your lawyer if you performed any of these services for your loved one and be prepared to show time and subsequent wages you may have lost from acting as a caregiver. This can strengthen your claim and your ability to recover in this area.

Other Damages

Other damages may include punitive damages for especially egregious offenses, funeral and burial expenses, as well as any other out-of-pocket expenses paid by family members or beneficiaries in the care of the deceased.

Because ICBC represents both the victim and the at-fault party in an auto accident, ICBC typically tries to pay out the lowest amount of damages as possible. It is always a good idea to talk to an experienced lawyer before originating a claim with ICBC in order to achieve the best possible results.