Wrongful Death Claims in BC: What Families Should Know About Their Rights

The death of a family member, particularly when it was caused by another person’s negligence or wrongful act, is a uniquely devastating event. In the aftermath, grieving family members will naturally wonder what options are available for them to seek justice and accountability.

This post will briefly cover some of the legal options available after a person dies because of another’s wrongful conduct or negligence. At Preszler Injury Lawyers, our Vancouver wrongful death lawyers can help family members evaluate their legal options for compensation.

Wrongful Death Claims by The Estate

After a person passes away, the law allows their estate, usually represented by their executor, to continue to advance legal claims. The estate of the deceased could claim damages for economic losses that the deceased person incurred due to another’s wrongful actions. These could include things such as lost income or care expenses.

For example, if the deceased was in the hospital before they died from injuries sustained in a car accident, and they were off work before they passed away, those income losses could be claimed in a lawsuit if the accident was caused by the other driver’s negligence.

However, the law does not allow the deceased’s estate to collect damages for the pain and suffering they experienced prior to their passing. Many other types of non-economic losses also cannot be claimed after a person dies.

As with any lawsuit, the estate must prove that the defendant’s conduct caused the losses to the deceased. This likely means proving that the defendant’s action or inaction caused the deceased’s death.

Wrongful Death Claims by Family Members Under the Family Compensation Act

The main legal way for family members to hold negligent parties accountable for the death of a family member in British Columbia is a law called the Family Compensation Act, or FCA. The FCA allows a variety of family members to make claims, including the deceased’s:

• Children
• Parents, including stepparents or grandparents
• Spouse

Under the FCA, these family members are allowed to bring a lawsuit against any person or business that can be proven to have caused the deceased’s death.

For the first 6 months after the deceased passes away, an FCA lawsuit must be brought by the deceased’s estate, as discussed above. However, if 6 months after the deceased’s death there is no executor or other person representing the deceased’s estate, or the estate refuses to file an FCA lawsuit, the family members are allowed to file their own wrongful death claim.

As with most lawsuits in BC, FCA lawsuits usually need to be brought within 2 years of the wrongful death occurring. This is in accordance with the Limitation Act in BC.

Importantly, only one FCA lawsuit can be filed per death, though all family members making claims can be included in the same lawsuit. This means that all family members affected by the passing of a loved one must file a joint wrongful death claim.

What Compensation Can Family Members Who File an FCA Lawsuit Claim?

The FCA has been interpreted to allow family members to claim economic losses they suffered due to the death of the deceased. These losses could include things like financial support they have lost out on. They may also include factors like the loss of help the deceased provided with household chores. The FCA also says that a family member can claim medical, hospital, and funeral expenses.

The FCA does not allow family members to make claims for their own pain and suffering caused by the death, or the loss of companionship, guidance, or love that the deceased person would have provided to them had they remained alive. One important exception is that children of the deceased can make a claim for the loss of their parent’s education and guidance.

Evidence Required to Prove a Wrongful Death Lawsuit

To win a lawsuit and be awarded money, family members need to prove that the defendant caused the deceased’s death, either by:

• A wrongful act, like a physical assault
• Neglect, such as causing a car accident
• Default, such as a nurse failing to care for an ailing patient

This may require family members to hire medical, engineering, or other experts to prove what caused the deceased’s death. Proving that a defendant actually contributed to the passing of the deceased can be a very complex task depending on the circumstances.

Unfortunately, the structure of the FCA often makes filing claims under it very restrictive. This is because the FCA is mostly a reworded version of a British law from 1846, then known as the Fatal Accidents Act. While the FCA may appear like modern law, it is anything but.

Because the FCA is so focused on economic loss, claims brought by the estates of deceased infants or the elderly are often very low in monetary value. If a deceased person was not a ‘breadwinner’ with many dependents, FCA lawsuits are often economically unviable for grieving family members to pursue. This is true even if their relative was killed by a drunk driver, a violent criminal, or a corporation’s blatant negligence.

This tragic situation sets BC apart from many other provinces, which have modernized their own wrongful death laws. In Ontario, for instance, family members can claim damages for pain and suffering and non-economic damage caused by a wrongful death. While there have been recent efforts in BC to modernize the FCA, so far it has not changed from its roots in 19th-century legislation.

Wrongful Death Claims by Family Members for Psychological Injuries

Finally, family members of deceased persons can bring lawsuits against defendants for the mental shock or injury that the death inflicted on them. Usually, these types of lawsuits are brought when a family member witnesses the death of their relative. They might also occur where a family member sees their relative in the hospital after a tragic car accident.

In this type of case, the family member makes a claim for the mental injury inflicted on them by the wrongful death, not for the loss to the deceased’s estate or the deceased themselves.

Have You Lost Your Loved One in a Wrongful Accident? Find Out Your Legal Options Today

The above are some of the possible options for grieving family members to pursue after a relative loses their life due to the wrongful actions of another party. In every case, however, the law is complex and nuanced, and legal advice should be obtained to determine the right course of action for a particular situation.

Our wrongful death lawyers at Preszler Injury Lawyers can listen to your story, assess the facts of your case, and determine what legal options are available to you and your family members. Contact us today to schedule a free consultation.

We’re here to help.