Whenever a B.C. resident is seriously injured due to someone else’s negligence in the U.S., we can assist. The U.S. generally takes a hands-off approach to injuries caused by others, and if you are hurt there, it is up to you to pursue compensation. In the United States, there is no upper limit to damages that a jury can award. Our firm assesses the value of cases based on the injury’s severity, the defendant’s level of fault, and the available insurance coverage.
Overview of Negligence Law in the United States
In the United States, most personal injury and wrongful-death claims are based on negligence, meaning a failure to use reasonable care that causes harm. While the general principles of negligence are similar nationwide, the specific rules come from state law.
The Four Elements of Negligence
To establish negligence, a plaintiff must generally prove:
1. Duty of care
2. Breach of that duty
3. Causation
4. Damages
Reasonable Care Standard
Negligence is judged by what a reasonably careful person or entity would have done under similar circumstances. In professional cases, such as medical malpractice, the standard is defined by professional practice and expert testimony.
Federal Court and Which State’s Law Applies
When a negligence or wrongful-death case involving a BC resident is brought in a U.S. federal court, the court does not create its own negligence rules. Instead, the substantive law applied is that of the U.S. state where the injury or death occurred.
Federal court determines the forum and procedural rules, but the state where the incident happened governs liability standards, available damages, and defences.
For example, if a BC resident is injured or killed in Hawaii, the case may be heard in a U.S. federal court, but Hawaii’s negligence and wrongful-death law will govern the claim.
No matter where in the United States an incident occurred, Greg Lauer and Christina Currie can help. Together, they bring more than 20 years of experience representing individuals in U.S. federal court in serious personal injury cases caused by negligence.
If you are a British Columbia resident who was seriously injured in the United States, contact our team for a confidential consultation.