Wrongful Death Claims.

In order to make a claim for compensation, there must be three factors present. You must be able to prove that someone was negligent. For instance, in a traffic accident, you have to be able to prove that somebody else was responsible for the death. Also, the death has to ensue from the injuries suffered [...]

How Experts Help In Trying To Prove Negligence Causing Death

In order to prove negligence, we need to do an investigation to discover the facts that our case will rest on. For instance, if the death happened in an automobile accident, we need to get statements from the witnesses. We may want to find the party believed to be responsible and ask them under oath [...]

The Family Compensation Act.

The term “wrongful death” is a very American expression, although it has crept into usage here in Canada. Historically in Canadian law, if somebody was killed through the fault of somebody else, there was no compensation available. The compensation died with the person who was killed. If they were badly injured, they could obtain compensation [...]

Is There A Time Limit For Seeking Compensation In A Case Of Negligence Causing Death?

There are always time limits involved. In British Columbia, the normal limitation period for a negligence accident is two years, but there are a number of factors that affect those time limits. Discoverability is one way that the limit can be extended. For instance, in a medical setting, a doctor may implant a medical device [...]

The Time Limit In Cases Involving Medical Negligence And Wrongful Death.

In a medical malpractice case, the limit for making a claim is two years from the time that you knew or ought to have known that there was medical negligence. It’s called the discoverability period and it varies with different judicial decisions. In some older cases, the medical and legal opinion of medical negligence was [...]

The Process That Starts A Wrongful Death Suit.

It never happens in a wrongful death case that someone explains that they did something wrong. For the most part, someone comes out of surgery, for instance, and says, “I am sorry your husband didn’t make it, he died during the surgery.” You then begin asking questions about what happened and for the most part [...]

The Difference Between Cases Involving A Wrongful Death And Negligence.

Any death that’s a result of negligence is sometimes called wrongful death. This is more of an American term, because wrongful death results in damages being awarded differently than in other negligence cases. Most negligence cases deal with somebody who is hurt and seeks damages for their own injuries. In a wrongful death case, the [...]

How Damages Are Determined In A Wrongful Death Case.

Damages in a wrongful death case are generally structured so that the surviving spouse receives 60 to 70 percent of the net income of the deceased from the time of death forward to the end of the deceased’s career. In many cases, a huge amount of accounting is involved when the deceased pursued a very [...]