A wrongful death occurs when the conduct of a person or organization—whether intentional or negligent—causes the death of another. Wrongful deaths can arise in many contexts, including professional negligence by a doctor or other health care provider, civil assaults, defective products, and hazardous property conditions such as slip and fall incidents.
In British Columbia, however, claims arising from deaths caused by motor vehicle accidents are treated differently. For collisions occurring after May 1, 2021, there is no longer a right to pursue a wrongful death claim through the courts.
For other types of wrongful death, the Family Compensation Act governs claims brought by surviving family members. The legislation allows spouses, children (including stepchildren), parents, and in some circumstances grandparents to bring a lawsuit against the wrongdoer to recover certain economic losses resulting from the death of a loved one. Claims for grief or emotional loss, however, are not recoverable under the Act. The legislation also requires that one representative bring the claim on behalf of the eligible family members. In addition, families generally have two years to commence a lawsuit, after which the claim may be barred by limitation.
At Rice Parsons Leoni & Elliott LLP, we understand the profound emotional and practical challenges families face after a wrongful death. Our lawyers have extensive experience prosecuting complex, multi-party wrongful death claims and guiding families through the legal process with care and sensitivity.
If you believe the death of a loved one may have been caused by negligence or wrongdoing, contact RPLE Law for a free and confidential consultation.
