California Claims for British Columbia Residents
British Columbia residents who are seriously injured or killed in California can pursue claims against the person, company, property owner, employer, health-care provider, or other party responsible for the injury. These cases can arise from car and pedestrian accidents, trucking collisions, unsafe property conditions, hotel and resort injuries, negligent security, medical negligence, and other serious incidents.
For the California injury cases our firm accepts, we handle the claim from British Columbia and, when a lawsuit is required, file it in U.S. federal court in California.
See how we handled a serious California injury claim for a B.C. resident, including identifying additional insurance coverage, developing the medical evidence, and negotiating a $1 million policy-limit settlement.
Where the Case Is Filed
When our client is a Canadian citizen residing in British Columbia and the defendant is a California citizen or business, federal diversity jurisdiction allows us to file the lawsuit in the appropriate U.S. District Court in California. California law still governs the underlying injury claim.
Greg Lauer has more than 20 years of U.S. federal litigation and trial experience and has handled more than 90 jury trials. That experience allows our firm to handle serious California injury cases in federal court from beginning to end.
A B.C. resident does not need to find and retain a separate California personal-injury lawyer simply because the accident happened in California. Our firm handles the case from British Columbia, including the investigation, insurance coverage analysis, settlement negotiations, filing the federal lawsuit, discovery, depositions, motions, expert evidence, and trial preparation.
The client can remain in British Columbia while we manage the U.S. litigation and deal directly with the defendants, insurance companies, medical providers, experts, and federal court.
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.