California Personal Injury and Wrongful Death Claims for Canadians
Our firm represents Canadians seriously injured or killed anywhere in California. Based in British Columbia, we handle U.S. personal injury and wrongful-death claims for Canadians, regardless of where they live in Canada.
Greg Lauer spent nearly 20 years running a U.S. civil litigation firm handling serious personal injury and wrongful-death cases, recovering millions of dollars for clients. His experience includes more than 90 jury trials and extensive litigation in U.S. federal courts.
Canadian clients can work with an experienced U.S. trial lawyer based in Canada without having to find and hire a separate American law firm.
Our Experience Handling California Injury Claims
Our firm represented a British Columbia resident who suffered serious injuries after being struck by a vehicle while crossing a street in California.
The client suffered a significant head injury, multiple fractures, and more than US$150,000 in American medical expenses.
We investigated the driver’s potential employment-related liability, identified additional insurance coverage, developed the medical evidence, and ultimately secured a US$1 million policy-limit settlement.
The case illustrates why investigating all potentially responsible parties, locating available insurance coverage, and properly documenting serious injuries can make a substantial difference in an American injury claim.
Read more about how we handled this California injury case and obtained a US$1 million settlement.
Where the Case Is Filed
Many serious personal injury and wrongful-death claims involving Canadian plaintiffs and California defendants can be brought in U.S. federal court through diversity jurisdiction.
California has four federal judicial districts: Northern, Eastern, Central, and Southern. The appropriate court depends on where the incident occurred, the parties involved, and the circumstances of the case.
Our firm handles U.S. federal-court litigation, including investigation, discovery, depositions, expert evidence, settlement negotiations, and trial preparation.
Which Law Applies?
When a Canadian is seriously injured or killed in California, California law will generally govern the personal injury or wrongful-death claim, even if the case is filed in U.S. federal court.
California law determines important issues such as liability, comparative fault, available damages, and filing deadlines.
Federal courts follow federal procedural rules but apply state substantive law.
What Damages Are Available in California?
California allows injured people to recover compensation for economic and non-economic losses caused by another party’s negligence.
Depending on the circumstances, damages may include:
- Past and future medical expenses
- Rehabilitation and long-term care
- Lost income and diminished future earning capacity
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
California generally does not impose a statutory cap on pain-and-suffering damages in ordinary negligence cases. In serious injury claims, compensation for pain, suffering, and the lasting effects of an injury can represent a substantial portion of the recovery.
Our firm has obtained multiple million-dollar verdicts and settlements in U.S. personal injury cases, where non-economic damages have often represented a significant portion of the compensation.
California Wrongful Death Claims
California’s wrongful-death law allows eligible surviving family members to pursue compensation when a death results from another party’s negligence or wrongful conduct.
Those who may recover include:
- A surviving spouse or domestic partner
- Children, including adult children
- Other qualifying family members or dependants
California allows compensation for financial losses, including lost financial support and household services. Eligible family members may also recover damages for the loss of love, companionship, care, comfort, protection, and guidance.
Unlike some other states, California distinguishes these losses from the survivors’ own grief or mental anguish, which are not separately compensable in an ordinary wrongful-death claim.
The compensation available for loss of companionship and other qualifying non-economic losses can nevertheless be substantial.
Learn more about our U.S. wrongful-death representation for Canadians.
How Comparative Fault Works in California
California follows a pure comparative-negligence system.
This means an injured person can generally recover compensation even when they were partly responsible for the accident. Their recovery is reduced by their percentage of fault.
For example, if a claimant suffers $1 million in damages but is found 40% responsible, the potential recovery would generally be reduced to $600,000.
Unlike states that prohibit recovery when an injured person is more than 50% responsible, California’s pure comparative-fault system generally permits recovery even when the injured person bears the majority of the fault.
California Statute of Limitations
California generally has a two-year statute of limitations for personal injury and wrongful-death claims.
For most ordinary personal injury claims, the period begins on the date of injury. For wrongful-death claims, it generally begins on the date of death.
Different or shorter deadlines can apply in certain circumstances. For example, claims against California government entities may require notice within six months.
Missing an applicable deadline can permanently prevent recovery, so these issues should be evaluated promptly.
Canadian Insurance and U.S. Medical Bills
Our firm understands how Canadian provincial automobile insurance, provincial health coverage, and private travel insurance interact with U.S. personal injury and wrongful-death claims.
We address questions about who pays American medical bills, which insurer is responsible, and whether an insurer has a right to reimbursement from a U.S. settlement.
These issues can significantly affect how much compensation an injured Canadian or surviving family ultimately retains.
In our California injury case, we also addressed substantial American medical expenses and coordinated with the client’s travel insurance provider as part of resolving the claim.
Our U.S. Medical Bills Guide for Canadians provides additional information about insurance disputes, medical bills, and reimbursement claims.
Free, Confidential Consultation
If you or a family member was seriously injured or killed in California, contact Greg Lauer directly at 604-318-6725 to discuss your case.
Your initial consultation is free and confidential. Our firm handles cases on a contingency-fee basis. Learn more about how our fees work.