Florida Claims for British Columbia Residents
British Columbia residents who are injured or killed in Florida, including through medical malpractice, have the right to bring a claim against the responsible U.S. health-care provider, hospital, business, or other negligent party. These cases are typically filed in U.S. federal court in Florida 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 Florida — whether from a traffic collision, premises injury, cruise-ship incident, or medical malpractice — are usually brought in U.S. District Court in Florida. 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 Florida law. This includes Florida’s rules on negligence, medical malpractice, wrongful death, damages, and defences.
For example:
- A BC resident injured in a Florida motor-vehicle crash is governed by Florida negligence law.
- A BC resident harmed by medical negligence at a Florida hospital is governed by Florida medical-malpractice law.
Who Can Recover
Florida wrongful-death claims are brought by the personal representative of the estate on behalf of eligible survivors. Under Florida law, those who may recover damages commonly include:
- the surviving spouse
- children
- parents
- in some cases, other dependants
Which family members may recover, and what they can recover, depends on the family structure and the circumstances of the death.
In Florida medical-malpractice injury cases (non-death), the injured patient may recover damages directly, and parents or guardians may recover on behalf of a minor.
If the injured person dies as a result of medical malpractice, both a wrongful-death claim and a survival action may be available.
What Damages Are Available
Florida allows recovery for a broad range of damages, including:
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 Florida may include:
- loss of financial support
- loss of services
- loss of companionship, protection, and guidance
- mental pain and suffering of close family members
- funeral and burial expenses
Florida law also allows survival claims for losses suffered by the deceased before death. Punitive damages may be available in limited cases involving especially wrongful or reckless conduct.
How Fault Is Handled in Florida
Florida follows a comparative negligence system. This means a claimant’s damages may be reduced if they were partly at fault. The specific rules depend on the circumstances of the case.
Time Limits (Statute of Limitations)
Different types of claims have different deadlines under Florida law.
Medical malpractice (injury or death):
- generally two years from the date the injury was discovered or should have been discovered
- no more than four years from the date of the negligent act, with limited exceptions
Personal injury and wrongful death (non-medical):
- generally two years from the date of injury or death
Medical-malpractice cases in Florida also have pre-suit notice and screening requirements that do not apply to ordinary negligence claims.
Why BC Residents Work With a BC-Based Lawyer for Florida Claims
BC residents bringing claims in Florida — whether for wrongful death, catastrophic injury, or medical malpractice — do not need to hire a Florida state lawyer. These cases 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 Florida federal court under Florida law.