Wrongful Death Of A Family Member – 604-318-3838
In cases involving wrongful death of a family member, it’s best explained as when a family member dies as a result of an MVA as a result of another person’s negligence or willful infliction of harm – this will leave other family members devastated and can certainly have immediate financial implications.
People die in car accidents or as a result of other’s negligence or their willful infliction of harm all the time. Though no amount of money can bring back a life in B.C. but there are some measures in place to compensate those who are most affected by the death of a family member.
The Family Compensation Act governs these types of legal action in B.C. This Act and the limited compensation offered by it is the subject of ongoing and growing concern to lawyers and the legal community in general. The Act serves to really limit the types and amounts of recovery that can be expected and delivered by the courts. For example, it is almost impossible to make a realistic claim for the loss of a child under this Act.
Claims that can be made will vary depending upon the individual involved. The following claims might be made under the Act:
- Claims for love, guidance and affection
- Claims for loss of services expected to be provided over for the family members over the lifetime by the deceased
- Claims for loss of financial support expected to be provided for the family members over the lifetime of the deceased
- Claims for loss of inheritance
- Funeral expenses or other out of pocket losses incurred
- Management fees to manage the monies received
Interestingly some of the above damages (like love, care and affection) will be available to children or infants but not spouses of deceased and really depend upon the circumstances (ie. age of the child, closeness of relationship with the deceased). These awards have been found to range from $5000 to $30,000 in BC depending upon the circumstances at play. Other claims made such as loss of support or claims for loss of financial support to the family unit will depend upon the value to be put on the services of the deceased to the family unit and the financial value overall of the deceased as the bread winner to the family unit. These types of claims are usually supported by special economic calculations provided by actuaries who your Vancouver wrongful death lawyer at Butler & Company will hire to provide guidance and expert report in advancing your claim.
Aside from the claims for loss of care, companionship and guidance as set out above the claims under the Act really downplay the emotional attachment of the deceased to the family members and concentrate on the value of the deceased to the family members. This fact in and of itself does not sit well with family members because in these type of claims the family members, the insurance companies and the courts really end up dissecting the role of the deceased in the family unit. Claims for distant father/mother who did not really provide for their children or spend much time at home with them will be valued differently than a father who was close and provided solid financial support for the children and spouse.
Because the nature of the damages will vary largely between dependents and rely upon factors known almost exclusively by the family members it is not surprising that ICBC and other insurance companies will want to interview and obtain statements from the family members immediately after the event of a tragic death brought on by a motor vehicle accident. ICBC will want to limit the amounts they pay out and will try to collect data from the family members to do so. In general it is best NOT to talk to ICBC or independent adjusters BEFORE speaking with a qualified lawyer.
It is not simply the nature of the damage that are complicated to figure out. The actual legal action can be complicated as well. The Act indicates that ONLY one action can be brought by family members for wrongful death of the loved one. Therefore family members must work together to hire the right lawyer so that they can all maximize the damages that may be available to them. Families do not always get along and thus choosing the right lawyer can be an onerous task in and of itself. At Butler & Company we realize that very dependent family member will have a different claim depending upon the potential future value of the deceased to them. We also recognize that damages for loss of future support, loss of care, loss of future inheritance will all depend upon the age of the dependent, the circumstances of their relationship with the deceased, and the degree to which the deceased financially supported or cared for them before his/her death. Our lawyer at Butler & Company will sit down and meet with ALL of the family members, individually or separately, to discuss the claims with them so that each family member will feel comfortable in dealing with our lawyer.
In addition to claims made for wrongful death under the Family Compensation Act there are other claims that might be advanced when a loved one dies including claims to be made under the Workers Compensation Act, other life insurance policies held to the credit of beneficiaries and other statutory remedies such as the death benefits and/or funeral benefits that can be made under Part 7 of the Regulations to the Insurance (Vehicle) Act in British Columbia.
Under the provisions of the Insurance (Vehicle) Act ICBC must pay for the following:
Under regulation 91: maximum $2500 for funeral expenses
Under regulation 92 through 96: the amounts of a death benefit payable to various family members will depend upon a variety of factors at play.
In the usual situation the amount of a funeral and death benefits immediately available to family members under these provisions are not overly complicated to work out as it is a simple arithmetic calculation based upon some minor variable factors. By contacting our lawyer at Butler & Company we can explain THE EXACT AMOUNT of both funeral and death benefits immediately available to you if you provide us with some very minor details. We thus encourage you to call us to explain the amount of death benefits that you are entitled to and will receive with our guidance. Our telephone number for this FREE service is 604-318-3838.
Overall claims made for wrongful death are tricky claims with a variety of factors at play and really require a lawyer experience in wrongful death cases to maximize benefits.
Our Vancouver BC based injury lawyer has dealt with several wrongful death involving family members cases throughout the last 20 years and has acted as counsel in wrongful death cases where family members have incurred emotional and economic harm as a result of the negligence of others. Jamie Butler has oftentimes secured victorious and enormous settlements in these cases.
Throughout his legal career Jamie Butler has personally conducted close to 1000 trials as lead counsel. That means he knows the inside and outside of a courtroom. He has had plenty of success INSIDE the courthouse for his clients and that means that the insurance companies should all be aware that it would be best to deal with family members who have suffered a traffic and wrongful death of their loved one(s) by offering fair settlements to the families and dependents of the deceased OUTSIDE the courtroom and BEFORE matters proceed to trial. It is often said that the best defence is a great offence! Our wrongful death claims lawyer, Jamie Butler, is that great offence. He will work hard to obtain the best result outside of court but if push comes to shove he will be there to present your case in the best possible light inside a courtroom to a judge or jury.
Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding your wrongful death claim. We also offer a FREE LEGAL EVALUATION of your wrongful death claim by your sending us a brief written description of your wrongful death claim by CLICKING HERE.