British Columbia
In British Columbia, wrongful death claims are governed by the Family Compensation Act. Damages are limited to measurable financial losses, such as loss of financial support, loss of household services, and certain out-of-pocket expenses. Grief, emotional suffering, and loss of companionship are not compensable, and punitive damages are not recoverable under the Family Compensation Act.
Who Can Recover in British Columbia?
- Spouse
- Children, biological or adopted
- Parents
Loss of Financial Support May Include:
- Lost income and earnings
- Pension and employment benefits
- Regular household contributions
Courts assess the net financial benefit the family would have received, not gross income.
United States
In the United States, wrongful death damages are governed by state law and are often broader. Many states allow recovery for loss of companionship, care, guidance, and emotional support. Some states also permit punitive damages or recovery for the decedent’s pre-death pain and suffering through survival claims.
In many U.S. states, there is no statutory cap on the amount of compensation a jury may award for mental anguish and other qualifying non-economic losses in an ordinary wrongful-death case. These damages can be substantial. In multiple wrongful-death cases our firm has handled, compensation for mental anguish has exceeded $1 million. The availability of these damages and any statutory limits depend on the applicable state law.
Who May Recover Non-Economic Damages? (Varies by State)
- Surviving spouse
- Children, often including adult children
- Parents of a deceased child
Why the Difference Matters
When a British Columbia resident is killed in the United States, the claim will be governed by the law of the state where the death occurred. This can allow significantly broader categories of damages than those available under British Columbia law.
Quick Comparison
| Category | British Columbia | United States* |
|---|---|---|
| Financial support | Yes | Yes |
| Household services | Yes | Yes |
| Grief and emotional loss | No | Often yes |
| Loss of companionship | No | Often yes |
| Punitive damages | Not under the Family Compensation Act | Some states |
| Pain and suffering, survival claims | No | Many states |
| Statutory cap on non-economic wrongful-death damages | Not applicable to these excluded losses | No cap in many states |
If you have lost a family member in an accident in the United States, our firm can evaluate the damages available under the applicable state law. Learn more about our U.S. wrongful-death representation for Canadians.