The unexpected death of a loved one is devastating — even more so when it results from the negligence or wrongdoing of another individual or institution. If this has happened to you or someone you know, it's important to understand that legal options are available. You may have the right to pursue a wrongful death claim to seek accountability and compensation.
What is Wrongful Death?
A wrongful death occurs when someone dies as a result of another person's or organization's negligence, recklessness, or intentional misconduct. In British Columbia, the Family Compensation Act allows families to seek compensation when a loved one dies due to another party's failure to uphold their duty of care.
– Medical or dental malpractice.
– Defective or dangerous products.
– Slip and fall incidents.
– Civil assaults and intentional acts of violence.
Can You Sue for Wrongful Death in Canada?
Yes, you can sue for wrongful death in Canada. In British Columbia, the Family Compensation Act allows aggrieved family members to sue if the death was caused by a wrongful act, carelessness, or neglect that would have allowed the victim to sue if they had survived. The Act also outlines how surviving family members, including spouses, children, stepchildren, parents, and grandparents, can seek compensation for financial losses following a wrongful death. Financial losses might include:
– Loss of the deceased's income or financial support
– Loss of household services and childcare
– Medical expenses incurred prior to death
– Funeral and burial costs
– Loss of benefits the deceased would have provided
– Loss of guidance, care, and companionship — particularly for minor children who have lost a parent or guardian
Despite years of advocacy for reform, British Columbia law still does not allow families to recover damages for non-economic losses in wrongful death cases, such as grief, emotional suffering, or loss of companionship.
Statute of Limitations for Wrongful Death Lawsuits
Wondering how long you have to file a wrongful death lawsuit? The statute of limitations, the legal time limit to file your claim, is 2 years from the date of death. If you file your case after this two-year period has passed, the court will likely dismiss your claim. If you have missed the filing deadline but still want to pursue legal action, contact a lawyer for further information about your options.
How Rice Harbut Elliott LLP Can Help
If you suspect you have a case, you'll need an experienced wrongful death lawyer on your side. Wrongful death cases are complex — emotionally and legally. At Rice Harbut Elliott LLP (RHE Law), our experienced trial lawyers can guide you through every step of the process. We will assess your case, explain your rights, and help you pursue justice for your loss.
To evaluate your claim, we may ask for:
– Details about the deceased, including age, occupation, salary, and financial contributions to the household.
– Information about surviving family members and their current financial support.
– A detailed description of the incident and other parties involved.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
