Wrongful Death Lawyers
If your family has recently had to go through the overwhelming experience of losing a loved one, you may have already begun a search for what things you may be entitled to. Our lawyers can help you identify your rights as well as who may be responsible for this.
What You Need to Know about the British Columbia Family Compensation Act
The British Columbia family compensation act is designed to compensate surviving family members when someone else’s negligence contributes to the loss of a loved one. This is known as a wrongful death case. In certain situations, it may even compensate parents where the loss of a child leads to substantial future or present financial loss. There are many different ways that a wrongful death case can emerge.
Most Common Causes of Wrongful Death
The truth is that a wrongful death case can come about in any scenario in which someone you love is killed because of another person’s reckless actions. Some of the most common accidents contributing to wrongful death include truck accidents, dangerous premises accidents, a defective product accident or an auto accident. There is no doubt that no amount of money or legal assistance will ever help to recover the loss of your loved one in full.
A fatality that has been caused by negligence or a wrongful act, however, could empower you to recover compensation that may assist you through the grieving process and allow you to move on with your life. While no amount of money will ever fully compensate you for the loss of a loved one, the financial support that the deceased individual would have contributed to your family may be recovered through a wrongful death claim. It is essential to identify an attorney who has extensive experience with the family compensation act.
Why You Need a Lawyer to Help You with a Wrongful Death Claim
There is no doubt that there are many different ways that the loss of a loved one can influence your life. It may be challenging to move through this process and to grieve appropriately if you have not had the opportunity to consult with a lawyer who has extensive experience in this field. You may not understand the full scope of your rights and responsibilities until you’ve had the opportunity to sit down with a lawyer. It can be difficult to come to terms with the fact that someone else’s negligent or wrongful behavior contributed directly to your loved one’s death.
Moving through the grief process is much more difficult when you know that the loved one’s death could have been prevented. It is essential to understand what is involved in filing a legal claim for compensation. It is impossible for any individual to put a fair dollar value on human life. However, when a person is killed in an accident, his or her loved ones may suffer financially as well as emotionally. This is why the British Columbia Family Compensation Act allows a child, spouse or parent of an individual killed in an accident to move forward with a legal action against an at fault party to recover some of the financial benefits to which such an individual would have been entitled to had the loved one not been killed. It is important to identify an attorney who has investigative experience identifying all possible individuals who could be held responsible for the loss of a loved one. You may be eligible to recover compensation for:
- Funeral costs
- Medical expenses
- Loss of the deceased family member’s contribution to household services and childcare
- Medical expenses
In the event that you or someone you know has recently lost a loved one due to the negligent actions of another person, taking action sooner rather than later is strongly recommended. This empowers you to begin moving the wheels of justice and recovering compensation for the loss of a loved one that should have been prevented. Consulting with an attorney who has care and compassion about the future of your case is strongly recommended.
A wrongful death claim can be made by a spouse, children, parents and the siblings of the deceased.
What if I’m a life partner but not related by blood or marriage to the victim, can I still bring a wrongful death claim?
According to Section 3 of Canadian law, only the spouse, adult interdependent partner, parent, child, brother, or sister of the person who died are eligible to make a claim. Also in some states, the deceased’s domestic partner can recover wrongful death damages if they were dependant on the victim’s income. Talk to a wrongful death lawyer at Diamond and Diamond today to learn more.
According to the British Columbia Limitation Act, families have a maximum of two years after death to bring a wrongful death claim.
Plaintiffs in the wrongful death claim will have to prove their entitlement to compensation. If you want to prove wrongful death, you must show that you’re related to the deceased and prove that the deceased was killed by neglect or fault of another. You’ll also have to prove that the deceased died by circumstances that would have awarded them damages if they hadn’t died.
There are many different benefits of hiring a wrongful death lawyer from Diamond & Diamond. They can perform tasks like handling all legal aspects of your case, helping you make informed and educated decisions at each phase, and moving your case forward without accepting a settlement that would have been too low for the circumstances.
A family can sue for wrongful death providing that it’s an immediate family member. For example, a spouse, children, parents and also the siblings of the deceased is eligible to sue.