New York Claims for British Columbia Residents
British Columbia residents who are injured or killed in New York have the right to pursue compensation under U.S. law. This includes serious injuries and wrongful death caused by car accidents, commercial vehicles, rideshare crashes, unsafe property conditions, negligent security, and medical malpractice.
Our firm represents BC residents in New York claims and files these cases in U.S. federal court under diversity jurisdiction.
Where the Case Is Filed
Claims by BC residents arising in New York are brought in the United States District Court for New York, which serves as the federal court for the state. Because the injured person or family lives in Canada and the defendants are typically New York residents or companies, these cases qualify for diversity jurisdiction.
Federal court provides a neutral forum for disputes between Canadian plaintiffs and U.S. defendants and uses a uniform set of procedural rules nationwide.
Which Law Applies
Although the case is filed in U.S. federal court, New York law governs the claim. That includes New York’s rules on negligence, medical malpractice, wrongful death, damages, and defences.
For example, if a BC resident is injured in a car crash in Manhattan, the claim is filed in federal court in New York, but New York negligence and insurance law will determine who is at fault and what compensation is available.
Who Can Recover
In New York wrongful-death claims, the claim is brought by the personal representative of the estate on behalf of the deceased person’s statutory beneficiaries. These typically include:
- the surviving spouse
- children
- in some cases, parents or other dependants, if there is no spouse or child
In personal-injury cases, the injured BC resident brings the claim directly. Parents or guardians may bring claims on behalf of injured minors.
What Damages Are Available
New York allows recovery for a broad range of damages, including:
In personal injury cases:
- past and future medical expenses
- rehabilitation and long-term care
- lost income and loss of earning capacity
- pain and suffering
- mental anguish and emotional distress
- loss of enjoyment of life
In wrongful-death cases, New York law focuses primarily on financial loss to the family, including:
- loss of financial support
- loss of services
- medical and funeral expenses
In addition, New York allows a survival claim on behalf of the deceased person’s estate for the pain and suffering the person experienced before death.
Punitive damages may be available in limited cases involving egregious or reckless conduct.
How Fault Is Handled in New York
New York follows a pure comparative negligence system. A claimant can recover damages even if they were partly at fault, but the award will be reduced in proportion to their share of responsibility.
Time Limits
Most personal-injury and wrongful-death claims in New York must be filed within three years. There are shorter deadlines for claims involving government entities or public transportation, and medical-malpractice cases have additional notice and timing rules.
Because these cases are filed in U.S. federal court under New York law, missing a deadline usually means losing the right to recover.
Why BC Residents Work With a BC-Based Federal-Court Lawyer
BC residents injured or killed in New York do not need to hire a local New York state-court lawyer. These cases are brought in U.S. federal court under diversity jurisdiction 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 serious injury, wrongful death, 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 New York case handled in the appropriate U.S. federal court.
If you are a British Columbia resident who was seriously injured or lost a loved one in New York, contact our team for a free, confidential consultation.