Wrongful Death Claims

When a person dies as a result of the wrongful act of another, the deceased's surviving dependants may have a wrongful death claim.

Often, but not always, these cases arise out of motor vehicle collisions. These claims are governed by the Family Compensation Act of British Columbia. The survivors may have claims for the following categories of legal losses, among others:

  • Compensation for lost family income which would have been earned in the future by the deceased;
  • Compensation for the value of lost household services which would have been performed in the future by the deceased; and
  • For children (particularly younger children), compensation for the loss of parental guidance which would have been provided by the deceased in the future.

These awards can be very significant if, for example, the deceased was relatively young, was a higher-wage earner, or spent a lot of time working around the home.

Usually an economist or an actuary is retained to calculate the projected future amounts for the various categories of losses, and then to convert those projected future amounts into one lump-sum amount in today's dollars.

Depending on the size of the award and the claimant's ability to manage financial investments, the court can in some cases also award a management fee be paid to the claimant on account of the claimant's anticipated future investment costs. Alternatively, the court might order, or the parties might agree, that the award be paid out in guaranteed monthly payments, rather than all in one lump-sum amount.

The portions of an award or settlement for children (under 19 years of age) are held in trust by the Public Guardian and Trustee of British Columbia until their 19th birthday.

Andrew handles these wrongful death claims. Andrew works with the necessary experts (economists and actuaries) and deals with the defence insurance company to ensure that the survivors receive the compensation to which they are entitled.

Evaluating Your Wrongful Death Claim

The earlier you speak to Andrew about your case, the better your chances may be of bringing it to a successful conclusion. Andrew provides a free initial consultation to people who have personal injury claims. During that meeting, Andrew will:

  • Go over the details of the incident;
  • Discuss the personal and financial consequences suffered by the survivors;
  • Explain your rights and responsibilities during the claim process; and
  • Help you make an informed decision on whether you should pursue a claim.

Find out what to do next by calling 1.877.964.5544. Andrew can help you receive the compensation you need for the losses the survivors have suffered.

When Andrew acts on a contingency fee agreement (percentage agreement), you do not pay anything until your case is over. During the case Andrew carries the costs of retaining actuaries, economists, and the other experts who are necessary to help determine the amount of compensation the survivors should receive. Andrew will not make you borrow money to pay any of your legal expenses as your case proceeds.

Important NoteThe foregoing is general legal information only, based on the law of British Columbia. Readers should consult a lawyer to obtain specific legal advice about their particular situation.

Your Prince George and northern BC Lawyer and Mediator.

Contact Andrew Kemp