A wrongful death occurs when someone dies because of someone else’s negligence. It can result from the carelessness of an individual, an organization, company, or other entity. A wrongful death could also be caused by an intentional act, such as homicide and assault.
In British Columbia, the Family Compensation Act outlines how families can recoup financial losses sustained by the wrongful death of a loved one. But determining who is eligible and how much they receive is a complex process, especially when multiple claimants are involved. When disputes arise, a wrongful death lawyer can work towards a positive resolution as peacefully as possible.
At Warnett Hallen LLP, we’ve been fighting tirelessly for families who have lost loved ones in B.C. accidents for many years. When you work with our Vancouver wrongful death claim lawyers, you get an experienced advocate who is committed to securing the compensation you’re owed as you grieve and move forward in life.
Not sure about how to proceed? Our lawyers are standing by to help. Call or contact our wrongful death lawyer for a private, free consultation today.
Common Causes of Wrongful Death
A wrongful death generally occurs because someone — whether that’s a person, an organization, or even a corporation — was negligent in their responsibility to keep others safe. Some of the most common causes of wrongful death include:
- Car accidents: Auto accidents are by far one of the most common causes of wrongful death in British Columbia each year. Every crash is unique, but some typical causes are:
- Distracted driving
- Drunk or intoxicated driving
- Reckless driving
- Speeding
- Poor road conditions
- Vehicle failures
- Bad weather
- Truck accidents: While some causes of semi-truck crashes are similar to those involving passenger cars, other contributing factors are seen more frequently in truck accidents. These include:
- Truck driver fatigue
- Negligent hiring
- Poor truck maintenance
- Cargo loading failure
- Defective or malfunctioning parts
- Other drivers
- *Motorcycle accidents: The risks to motorcyclists are even greater than they are for drivers. Unlike car and truck drivers, motorcycle riders don’t have the physical framework of a vehicle to protect them if they are in a collision. When a collision occurs, motorcyclists are directly impacted, so the injuries are much more likely to be fatal.
- *Bicycle accidents: Bicycles have just as much right to share the road with cars, but drivers sometimes fail to drive courteously and cautiously near them. At their worst, aggressive drivers try to run cyclists off the road or cut them off. Other bicycle accidents happen when drivers are distracted, intoxicated, or fail to check their blind spots in traffic.
- *Pedestrian accidents: Like motorcyclists and bikers, pedestrians don’t have any form of safety apparatus protecting them from the blunt force trauma of a direct collision. When drivers speed through intersections or fail to yield to pedestrians, fatal accidents can and do happen.
- *Medical malpractice: Doctors and healthcare providers have a duty to provide quality medical care to their patients. Medical malpractice happens when they fail in their responsibility to provide adequate care and someone gets hurt. Wrongful death claims that could arise from malpractice may involve:
- Misdiagnosis
- Excessive anesthesia
- Surgical errors
- Failure to note a patient’s allergies
- Prescription medication errors
- Birth injuries
- Defective products: Sometimes, a wrongful death results from a product designer’s or manufacturer’s negligence. Whether it’s a faulty car part that causes a crash, or a defective piece of medical equipment, flawed products can kill.
- Occupier’s liability accidents: If a property owner knows that there is a hazard on their property and fails to eliminate it or at least warn visitors about it, then they can be held responsible for their negligence through a wrongful death claim.
- *Motor Vehicle Accidents after May 1, 2021: For accidents involving motor vehicles after May 1, 2021 there is no right to pursue a wrongful death claim. Compensation for motor vehicle accidents after May 1, 2021 that result in death is determined by Regulation. We can answer questions you may have regarding this new process.
What Is the British Columbia Family Compensation Act?
In British Columbia, the Family Compensation Act governs who can make a wrongful death claim after a loved one dies and what they can file a claim for.
In typical personal injury cases, the victim is entitled to demand compensation from the party whose negligence led to their injuries. In wrongful death cases, that right passes to the loved ones of the person killed.
When a wrongful death occurs, it can fundamentally disrupt the family unit forever. The Family Compensation Act is designed to compensate families for losses they incur when their loved one dies.
Types of Wrongful Death Damages
A wrongful death claim can help eligible family members recoup any financial losses they suffered due to their loved one’s death. Common types of damages include:
- Financial support: This compensation reimburses beneficiaries for the financial resources that the deceased would have provided if not for their death. Financial support for family members’ loss of income due to their inability to work in the mourning period is also possible.
- Medical expenses: Compensation for any medical costs incurred by the family before their loved one’s death is another typical award in a wrongful death claim.
- Household services: Any child care or household services that the decedent would have provided can be recouped.
- Funeral and burial services: These are often paid out of pocket by the family.
- Guidance, child-rearing, love: Although this type of compensation is noneconomic, it is typically only awarded to children.
Though some Canadian provinces offer compensation for bereavement to compensate a family for grief and loss, British Columbia currently does not.
Who Can Make a Claim?
When a wrongful death occurs, the deceased’s loved ones can only make one wrongful death claim. Even though multiple people may be entitled to compensation, the family must select a representative to bring the claim.
Under the Family Compensation Act, those who could be entitled to compensation are:
- Children left behind by the decedent (including stepchildren)
- The spouse of the decedent, which includes common-law marriages
- The parents of the decedent, which may also include stepparents
- Grandparents, if they were actively involved in parenting the decedent
Limitations on the Family Compensation Act
Families need to note that they only have two years to file a wrongful death claim. If the deadline passes, it is impossible to file a claim for compensation.
If there are multiple claimants on the same claim, then the judge (or jury) will need to decide how to split up the payout. A person’s relationship to the decedent is a major factor that the courts will consider. This is an incredibly complex process, which is why it is so important to have a wrongful death lawyer in your corner.
How Warnett Hallen LLP Can Help You
At Warnett Hallen LLP, we understand how overwhelming it can be to deal with a family tragedy while also trying to get justice for a loved one’s wrongful death. Our compassionate lawyers can take the burden off your shoulders and work on your behalf to get the wrongful death settlement you deserve.
For a private, confidential consultation, call or contact us now. Your initial case review is free.
