California Claims for British Columbia Residents
British Columbia residents who are injured or killed in California, including through medical malpractice, have the right to bring a claim against the responsible U.S. health-care provider, hospital, or other negligent party. These cases are typically filed in U.S. federal court in California under diversity jurisdiction, because the plaintiff is a foreign national and the defendant is a U.S. resident or business.
Where the Case Is Filed
Claims by BC residents arising in California — whether a traffic collision, premises injury, or medical malpractice — are usually brought in U.S. District Court in California. Federal court provides a neutral forum for disputes between foreign plaintiffs and U.S. defendants.
Which Law Applies
Although the case is heard in federal court, the substantive law that applies is California law. That means California’s rules on negligence, medical malpractice, wrongful death, damages, and defences govern the claim.
For example:
- A BC resident injured in a California car crash is governed by California negligence law.
- A BC resident harmed by medical negligence (e.g., surgical error, misdiagnosis) is governed by California medical-malpractice law.
Who Can Recover
In California wrongful-death claims, the following family members commonly have the right to recover damages when a loved one is killed by negligence or medical malpractice:
- the surviving spouse or domestic partner
- children
- in some cases, other dependants or heirs if there is no surviving spouse or child
In California medical-malpractice injury cases (non-death), the injured person themselves can recover, and parents or guardians may recover on behalf of a minor.
If the injured person dies as a result of medical malpractice, a wrongful-death claim is brought by the appropriate family members, and a survival claim may also be available on behalf of the decedent’s estate.
What Damages Are Available
California allows recovery for a broad range of damages, but the categories differ slightly between personal injury, wrongful death, and medical malpractice.
Common damages in personal injury and medical-malpractice cases:
- past and future medical expenses
- past and future lost income and earning capacity
- pain and suffering
- mental anguish
- loss of enjoyment of life
Wrongful-death damages in California may include:
- loss of financial support
- loss of household services
- loss of companionship, care, and guidance
- funeral and burial expenses
In medical-malpractice death cases, a survival action may allow recovery for the decedent’s own pain and suffering before death, in addition to wrongful-death damages for the family.
Punitive damages may be available in limited circumstances where the defendant’s conduct was especially egregious.
How Fault Is Handled in California
California follows a pure comparative negligence system. This means a claimant can recover damages even if they were partly at fault, although the recovery will be reduced by their percentage of fault.
Time Limits (Statute of Limitations)
Different types of claims have different deadlines under California law.
Medical malpractice (injury or death):
- generally three years from the date of injury or one year from the date the injury was discovered or should have been discovered, whichever is earlier (subject to specific rules and exceptions)
- there are additional notice requirements and procedural prerequisites for medical-malpractice claims that do not apply in ordinary negligence cases
Personal injury and wrongful death (non-medical):
- typically two years from the date of injury or death
These deadlines are strict and may be shortened or extended by specific circumstances; early legal advice is important.
Why BC Residents Work With a BC-Based Lawyer for California Claims
BC residents bringing claims in California — whether for wrongful death, catastrophic injury, or medical malpractice — do not need to hire a California 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 California federal court under California law.