Washington Claims for British Columbia Residents
British Columbia residents who are injured or killed in Washington State, including through medical malpractice, have the right to bring a claim against the responsible U.S. health-care provider, hospital, employer, property owner, or other negligent party. These cases are typically filed in U.S. federal court in Washington 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 Washington — whether from a traffic collision, workplace injury, premises incident, or medical malpractice — are usually brought in U.S. District Court in Washington. 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 Washington law. This includes Washington’s rules on negligence, medical malpractice, wrongful death, damages, and defences.
For example:
- A BC resident injured in a Washington motor-vehicle crash is governed by Washington negligence law.
- A BC resident harmed by medical negligence at a Washington hospital is governed by Washington medical-malpractice law.
Who Can Recover
In Washington wrongful-death claims, eligible family members may include:
- the surviving spouse or domestic partner
- children
- parents or siblings in some circumstances, depending on the family structure
Washington law has specific rules that determine which relatives can recover and in what order.
In Washington 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, a wrongful-death claim may be brought by eligible family members, and a survival claim may also be available on behalf of the decedent’s estate.
What Damages Are Available
Washington 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
- emotional distress
- loss of enjoyment of life
Wrongful-death damages in Washington may include:
- loss of financial support
- loss of household services
- loss of companionship, care, and guidance
- funeral and burial expenses
Washington law also permits survival claims for the losses and suffering the deceased experienced before death. Punitive damages are generally not available under Washington law, but full compensatory damages may be recovered.
How Fault Is Handled in Washington
Washington follows a pure comparative negligence system. A claimant can recover damages even if they were partly at fault, although the recovery will be reduced by their percentage of responsibility.
Time Limits (Statute of Limitations)
Different types of claims have different deadlines under Washington law.
Medical malpractice (injury or death):
- generally three years from the date of the negligent act or one year from the date the injury was discovered or should have been discovered, whichever is later
Personal injury and wrongful death (non-medical):
- generally three years from the date of injury or death
These deadlines are strict and may be affected by specific circumstances, so early legal advice is important.
Why BC Residents Work With a BC-Based Lawyer for Washington Claims
BC residents bringing claims in Washington — whether for wrongful death, catastrophic injury, or medical malpractice — do not need to hire a Washington 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 Washington federal court under Washington law.