FAQs

Cross-border injury cases demand more than ordinary legal experience. As a dual citizen and lawyer licensed in both Canada and the United States, Greg Lauer is uniquely positioned to guide Canadians through the U.S. legal system without hand-offs, delays, or jurisdictional confusion. He personally leads each case from start to finish to secure the recovery families need after life-altering injuries or loss. Contact us today for a free consultation.

• When a British Columbia resident is injured or killed in the United States, the case may be brought in a U.S. federal court based on diversity jurisdiction.
• Diversity jurisdiction exists where the parties are citizens of different countries and the amount in dispute exceeds $75,000.00. Because BC residents are foreign nationals and defendants are typically U.S. individuals or corporations, wrongful death and personal injury claims commonly qualify for federal diversity jurisdiction, regardless of the U.S. state in which the incident occurred.
• Greg Lauer is admitted to practise law in British Columbia and licensed to appear in U.S. federal courts. For more than 20 years, Greg has represented plaintiffs in wrongful death, catastrophic injury, and medical malpractice cases in U.S. federal courts nationwide.
• Greg can represent BC residents directly in the appropriate U.S. federal court, so they don’t need to hire an American lawyer who is not subject to the ethical rules and oversight provided by the Law Society of BC.

• Unfortunately, we have to give you the classic lawyer answer: It depends. However, based on 20 years of experience, we can tell you that you probably won’t need to leave B.C., and here’s why.
• Many cases settle before a lawsuit is ever filed, and if that happens, you won’t have to travel to the United States. We can resolve some cases without filing a lawsuit by communicating with the defendant’s insurance company and providing them with all the information they need to assess the claim and make a settlement offer. This often involves collecting evidence such as medical records and police reports (something Greg is skilled at because of his experience as a government prosecutor), having clients evaluated by expert witnesses who prepare reports, and drafting compelling demand letters. Unlike B.C., most U.S. states have laws that require insurance companies to settle claims. These are known as insurance bad-faith laws, and they help us resolve personal injury and wrongful death claims by compelling insurers to negotiate honestly and promptly, rather than just cheaply.
• If we cannot resolve your claim amicably and within a reasonable time, we will need to file a lawsuit to protect your interests. If this occurs, you will become more actively involved but will still be able to remain in B.C. and here is why: Filing a suit requires us to participate in a court-supervised process colloquially known in the U.S. as “discovery”. Most of this work is done by our firm, with your input. It includes answering written questions called “interrogatories” and producing documents requested by the defendants, known as “responses to requests for production”. The next step in discovery will be the taking of depositions. These are face-to-face questioning sessions conducted by a lawyer under oath, recorded by a court reporter, and sometimes on video. In B.C., this process is called “examination for discovery,” but in U.S. federal court, it is called taking a deposition. Fortunately for you, the lawyer must travel to the witness’s location. So, if a lawyer wants to take your deposition, they will need to travel to B.C. or conduct it remotely. In a personal injury case, the defendant can also require you to meet with their medical expert for an “independent medical examination” (IME), but they cannot make you travel to their location, so if this happens, it will be arranged close to your home, and your lawyer will sit with you during the IME. The IME does not apply to wrongful death cases.
• Once the discovery process is complete, a mandatory mediation will follow. Many cases are resolved at this stage. The mediator will be from the U.S. state where the case occurred, but you and your lawyer will be permitted to attend remotely from B.C.
• The final step of the process will be the jury trial. The jury trial will take place in the U.S. federal court in the state where the incident occurred. Unlike B.C., where nearly all cases are decided by judges without a jury, a trial without a jury is almost unheard of in the U.S. For example, of the nearly 100 trials Greg Lauer has tried, only two were without a jury. For the trial, you will need to be physically present. However, in U.S. federal court, almost all civil personal injury and wrongful death cases settle before trial. The chances of you or your family needing to travel to the U.S. for trial are extremely small. While exact figures vary by study and data source, consistent trends from legal analyses show this.

Federal Court Context

• Precise official statistics for federal personal injury and wrongful death settlements are harder to pinpoint because federal civil case reporting tends not to categorize outcomes strictly as “settled before trial” versus a formal verdict. However, historical federal data show that a very small percentage (e.g., ~1.2 %) of civil cases terminated in federal district courts reached trial, implying a high rate of pretrial resolution—likely settlement or other non-trial outcomes. cit.uscourts.gov

Wrongful Death Case Specifics

•  Specific industry estimates suggest that only about 5 %–10 % of wrongful death cases go to trial, meaning 90 %–95 % settle pre-trial. American Judicial System

British Columbia residents injured on a cruise ship cannot bring their lawsuit in a BC court. In almost all cases, the claim must be filed in U.S. federal court, even though the injured passenger lives in Canada.

1. Cruise Tickets Are Binding Legal Contracts

Every cruise passenger travels under a passenger ticket contract. This contract is a binding legal agreement that governs where lawsuits must be filed, regardless of where the passenger lives or where the cruise was booked. By boarding the ship, passengers agree in advance to the court selected by the cruise line.

2. Cruise Lines Require Lawsuits to Be Filed in U.S. Federal Court

Most major cruise lines require that personal-injury and wrongful-death claims be brought in U.S. federal court, typically:

• The U.S. District Court for the Southern District of Florida (Miami), or
•  Another designated U.S. federal district (such as Washington State)

These forum-selection clauses are not unusual or optional. They are a core part of the cruise ticket contract and are routinely enforced against foreign passengers, including BC residents.

3. Courts Enforce These Clauses — Even Against Canadian Passengers

The enforceability of cruise-ticket forum-selection clauses was affirmed by the United States Supreme Court in: Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991).
In Shute, the Court held that forum-selection clauses in cruise passenger contracts are presumptively valid and enforceable, even where:

•  The passenger had no ability to negotiate the terms
• The passenger lived far from the chosen court
• The chosen forum was inconvenient for the passenger

Canadian courts have likewise recognized and respected these clauses by declining jurisdiction when a valid foreign forum is specified.

Carnival Cruise Line

•  Forum: U.S. District Court, Southern District of Florida (Miami)
•  Notice: Written notice within 6 months
• Limitation: Lawsuit must be filed within 1 year
• Source: Carnival Cruise Ticket Contract – “Time Limits; Forum”

Norwegian Cruise Line (NCL)

•  Forum: U.S. District Court, Southern District of Florida (Miami)
• Notice: Written notice within 6 months
• Limitation: Lawsuit must be filed within 1 year
• Source: NCL Passenger Ticket Contract – forum and limitation provisions

Princess Cruises

• Forum: U.S. District Court, Southern District of Florida (Miami)
• Notice: Written notice within 6 months
•  Limitation: Lawsuit must be filed within 1 year
•  Service: Typically within 90 days of filing
•  Source: Princess Passage Contract – “Forum Selection; Time Limits”

Holland America Line

• Forum: U.S. District Court, Western District of Washington (Seattle)
• Notice: Written notice within 6 months
•  Limitation: Lawsuit must be filed within 1 year
• Source: Holland America Passenger Contract (Canada/U.S.)

How is a loved one’s body returned to British Columbia after a death in the United States?

When a British Columbia resident dies in the United States, the body cannot simply be placed on a flight home. There is a formal international process that must be completed before the remains can be returned to BC.

First, a U.S. death certificate must be issued by the local authority where the death occurred. This usually follows a review or investigation by the medical examiner or coroner, especially if the death was sudden, unexpected, or the result of an injury.

Second, the medical examiner or coroner must formally release the remains. In injury or wrongful-death cases, this can take time because they must complete their examination and any required testing.

Third, a licensed U.S. funeral home must prepare the remains for international transport. This includes embalming or other preparation required by health regulations, placing the remains in an approved shipping container, and completing export documentation.

Fourth, international transit permits must be issued. These include a burial or transit permit, a certificate of preparation, and airline documents required for the transport of human remains.

Fifth, the remains are transported by air cargo to Canada, usually to Vancouver. Airlines do not treat human remains as ordinary luggage, and special handling is required.

Sixth, Canadian authorities clear the remains on arrival. Canada Border Services Agency and public-health officials review the paperwork before the remains are released to a British Columbia funeral home.

Finally, the BC funeral home arranges burial, cremation, or memorial services.

A local British Columbia funeral home can assist families throughout this process. Many BC funeral homes regularly work with U.S. funeral homes and international carriers and can coordinate much of the paperwork, shipping arrangements, and regulatory compliance on the family’s behalf.

They can also help arrange temporary services, prepare documentation for insurance or legal claims, and guide families through decisions about burial or cremation once the remains arrive in Canada.

As a former U.S. prosecutor, Greg Lauer is familiar with working directly with medical examiners and coroners. This experience is often important in ensuring that releases, records, and evidence are handled properly when a death occurs under unexpected or traumatic circumstances.

Are these costs recoverable?

The costs of repatriating a loved one from the United States to British Columbia are often significant and may include funeral home fees, transportation charges, and regulatory costs. These expenses are commonly recoverable as part of a U.S. wrongful-death claim, along with medical bills and other related losses.