Wrongful Death Law in British Columbia
In order to file for a wrongful death claim in British Columbia, it is necessary to provide proof that the death was due to the negligence of another party or deliberately caused by another party, and not caused in any way by the individual themselves (in the case where the wrongful death was a direct result of harm meant to the victim, punitive damages may also be awarded). It is also necessary to prove that the person’s death has caused measurable damages to the surviving parties.
A fatal injury or wrongful death claim in British Columbia, claims for loss of care, guidance, and companionship can be brought about by parents, grandparents, children, or spouses (including common law spouses).
Claims for financial losses can also be made by these family members, including:
Loss of financial support the deceased would have provided
Loss of income sustained as a result of the death (not being able to work for a period of time due to emotional distress)
Expenses caused (medications or hospital bills prior to death)
Reasonable travel expenses to visit the injured party during treatment or recovery
Loss of household or child care services the deceased would have provided
Funeral and other incurred expenses
The person’s relationship to the deceased and the facts of each particular case heavily determine the amount of compensation that can be given. Other evidence that must be provided to help support a wrongful death claim include the victims age, earning capacity, life expectancy, number of dependents, and overall health at the time of death.
To ensure you receive full and fair compensation in the loss of a loved one as a result of wrongful death, contact the experienced professionals at Cariati Law at 905-629-8040.