Understanding Wrongful Death Claims In BC
If a family member has been lost due to the negligence or carelessness of another, some surviving family members may be entitled to wrongful death compensation.
The Requirements to File a Wrongful Death Claim
When considering the factors in a wrongful death claim, there are important requirements. These are:
● The loved one’s death was caused by a negligent or intentional act of another.
● The death was as a result of the injuries caused by the incident.
● The surviving family members have suffered some degree of damages as the result of that death.
Proof of Negligence
Proving negligence and the cause of death are important to a wrongful death claim. This is when it is important to have the guidance of a Kelowna injury lawyer.
A Dollar Value on Life?
According to the Family Compensation act, only certain family members are permitted to file a wrongful death claim after the death of a loved one if they meet those requirements. This is meant to compensate those family members for the loss of their loved one.
Although it is impossible to place a dollar value on the loss of a human life, a wrongful death claim can provide compensation for the family’s financial losses and some emotional losses. These can be any medical or funeral expenses, loss of financial support, loss of that family member’s contribution to the household or child care, loss of inheritance, or even loss of guidance, care, and companionship.
What Kind of Situations Warrant a Wrongful Death Claim?
There are many circumstances that can cause the death of an individual leading to a wrongful death claim. Some of the most common of these are:
● A motor vehicle accident
● Medical malpractice
● Premises liability
● Product liability
● Criminal intent
A wrongful death claim can only be brought by particular family members. These are:
● Spouse (including common-law spouse)
In the case of a spouse, the definition is broad enough to encompass a common-law situation or one who lived in a marriage-like relationship with the deceased. This living arrangement must have exceeded two years and not ended more than one year prior to the individual’s death.
The most common assertion of a wrongful death claim is usually by the spouse but children and parents can also assert claims. Although more than one family member can bring about a wrongful death claim, any compensation awarded by the court must be split between them in designated shares established by the court. If no claim has been filed after six months, a personal representative of the family can bring about a claim on behalf of anyone who could have asserted one.
Call an Injury Lawyer for Legal Advice
If you have lost a loved one due to the negligence or intentional act of another, you should seek legal advice. Call the Kelowna personal injury lawyers at Barapp Law Firm. We offer a no-cost initial consultation to help determine if you are entitled to compensation for your losses.