Wrongful Death Damages in British Columbia vs. the United States
Most B.C. lawyers view the damages available for wrongful death in the province as harsh and overly limiting compared to the broad damages accessible in the U.S. This represents one of the biggest differences between B.C. law and the law of nearly all U.S. states. Under B.C. law, the family cannot claim damages for pain and suffering caused by their loved one’s death. In B.C., a child, spouse, or parent cannot seek compensation for grief, emotional suffering, or loss of companionship. By contrast, nearly all U.S. states acknowledge that the mental anguish experienced by loved ones can be significant, and damages for these claims can be awarded in a U.S. federal court based on the law of the state where the death occurred.
In most wrongful death cases we have settled over the past twenty years, the mental suffering of the surviving spouse, children, and parents of the deceased has been the largest component of damages. When we settle wrongful death claims, our firm often structures the settlement so that all funds are classified as compensation for mental anguish. Structuring the settlement this way generally ensures that B.C. residents will pay no tax on the recovery because damages for mental anguish related to wrongful death are usually not taxable in Canada.
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 families in U.S. federal court in wrongful death cases arising from negligence.
If you are a British Columbia resident whose loved one was killed in the United States, contact our team for a confidential consultation.