How We Handle Claims for Canadians Injured in Arizona
A resident of British Columbia who is injured or killed in Arizona, including through medical malpractice, will need to navigate both the U.S. and Canadian legal systems. On the U.S. side, our firm investigates the claim, gathers evidence from police departments and hospitals, and then identifies the responsible parties and applicable insurance policies that may provide compensation. If we cannot negotiate a fair settlement, we will file a lawsuit in a U.S. federal court in Arizona. A federal court, as opposed to an Arizona state court, is advantageous for a foreign plaintiff because it reduces the risk of being “home-towned” as a Canadian. Federal courts were designed to allow foreign parties to avoid state courts, where judges are elected officials who often receive campaign contributions from the local community.
While we work on the U.S. side of the case, our firm will also manage the Canadian legal issues, including using travel insurance and MSP to cover U.S. hospital bills and ICBC to provide benefits, which can be substantial. When the case is resolved, we will pay off the liens from MSP and ICBC and assist in structuring the recovery to minimize CRA liability.
Which Law Applies When You are Injured in Arizona
Although we file the case in federal court, the applicable law is Arizona law. This includes Arizona’s rules on negligence, medical malpractice, wrongful death, damages, and defences.
For example:
- If you are injured in an Arizona motor-vehicle crash, then the case will be governed by Arizona negligence law.
- If you are harmed by medical negligence at an Arizona hospital, then the case will be governed by Arizona medical-malpractice law.
Who Can Recover Damages in an Arizona Case
In a personal injury case, the injured person is entitled to damages for their injury.
In a wrongful death case, the surviving spouse, children (including adult children), or parents may each recover their own individual damages.
In medical malpractice cases, the injured patient can recover damages, and parents or guardians can recover on behalf of a minor. If the medical malpractice causes death, then a wrongful-death claim may be filed by the surviving spouse, children (including adult children), or parents, and each may recover their own individual damages, as well as eligible family members.
What Damages Are Available to Canadians
In a personal injury case, the plaintiff may recover:
- past and future medical expenses
- past and future lost income and earning capacity
- pain and suffering
- emotional distress
- loss of enjoyment of life
In a wrongful death case, the plaintiff can recover:
- loss of financial support
- loss of companionship, care, and guidance
- loss of household services
- funeral and burial expenses
In Arizona, there are no caps on the amount of damages someone can recover in personal injury or wrongful death cases, and punitive damages are available when the defendant acted recklessly.
Time Limits (Statute of Limitations)
Medical malpractice (injury or death):
- generally two years from the date of injury or the date the injury was discovered or should have been discovered
Personal injury and wrongful death (non-medical):
- generally two years from the date of injury or death
Why BC Residents Work With a BC-Based Lawyer for Arizona Claims
BC residents bringing claims in Arizona — whether for wrongful death, catastrophic injury, or medical malpractice — do not need to hire an Arizona state lawyer. These claims are brought in U.S. federal court and can be handled by a lawyer admitted to practise there.
Greg Lauer is a British Columbia-based lawyer with more than 20 years of experience litigating wrongful death, catastrophic injury, and medical-malpractice cases in U.S. federal courts. Clients can meet with him in British Columbia, communicate locally in their own time zone, and still have their case pursued in Arizona federal court under Arizona law.