Cross-Border Personal Injury
Wrongful Death Claims in Cross-Border Incidents
Losing a loved one can be extremely painful. When their death occurs needlessly due to the negligence or oversight of another party, it might be even worse. If you feel that you deserve compensation following the unjust loss of someone close to you, you may be eligible to pursue a wrongful death claim.
Wrongful death claims can become complex when the deceased experienced their accident while they were in another country or jurisdiction. Our experienced cross-border personal injury lawyers at Border Solutions Law Group are here to help you navigate your claim, bring evidence to court, and pursue damages you may be entitled to. If you have suffered the loss of a loved one and wish to seek compensation, contact us today to schedule a free initial consultation.
What is a Wrongful Death Claim?
A wrongful death claim is a civil suit that seeks compensation for surviving beneficiaries of a person who died as a result of another party’s negligence. A wrongful death may result from the negligence of an individual, company, organization or other body. It may also apply to deaths that occur as a result of an intentional act, like homicide or assault.
Wrongful death claims are often pursued as a result of:
- Car accidents
- Other motor vehicle accidents
- Medical malpractice
- Defective products
- Occupier’s liability accidents
- And more
Beneficiaries are normally immediate or close family members of the deceased who are named in a will or other official document, like a spouse, common-law partner, or children. Who is eligible to be a beneficiary is decided by the laws of individual jurisdictions. For beneficiaries to recover damages from a wrongful death, it must be found that the deceased lost their life due to negligence or deliberate cause by another party. It must also be demonstrated that surviving beneficiaries have experienced significant losses following the deceased’s passing.
Wrongful Death Claims in Washington State vs. British Columbia
When a wrongful death happens across the border, pursuing a claim may differ depending on the jurisdiction where the accident occurred. British Columbia and Washington State both have similar statutes that govern wrongful death claims. In Washington State, the Wrongful Death Statute defines who can file wrongful death claims, what damages can be recovered, and the statute of limitations that applies to each case. In British Columbia, the Family Compensations Act provides for the same material.
For a wrongful death suit to be pursued in either jurisdiction, all potential beneficiaries must select a single representative to bring their claim. This may be an executor named by the beneficiaries, or a personal representative who is appointed by a probate board and acts on behalf of the estate. It is important to note that even if multiple beneficiaries exist, they may only pursue one joint lawsuit after a wrongful death occurs. In Washington State, beneficiaries have 3 years from the date of the relevant accident to file their wrongful death claim, while in British Columbia beneficiaries have 2 years from the date of the accident to file their claim.
In British Columbia and Washington State, the eligibility of beneficiaries is decided by the relevant governing statute. In both jurisdictions, beneficiaries normally include immediate family members like spouses or children. In less frequent cases, beneficiaries might also include parents, grandparents or siblings of the deceased.
What Damages Can Be Recovered?
There are a variety of damages that may be recovered during a wrongful death claim. Types of compensation available differ significantly from regular negligence claims. This is because beneficiaries may seek restitution for both economic and non-economic losses they have experienced due to the passing of the deceased. Compensations may also differ according to the country in which the claim is being pursued. Economic damages that can be pursued by beneficiaries during a wrongful death claim might include:
- Funeral burial expenses
- Medical bills
- Lost income
- And more
Non-economic damages might consist of:
- Pain and suffering
- Loss of companionship (normally for a surviving spouse)
- Loss of care and guidance
- Loss of consortium
- Punitive damages, if the claimants can prove that the person who caused the wrongful death acted in a malicious or vindictive way
- And more
Damages awarded during a wrongful death claim will depend on the accident itself and the final decision of a court or judge.
Contact Our Cross-Border Injury Lawyers Today
When your family loses a loved one, it can be greatly distressing. If you believe that their death was caused by the careless actions of another, you may be entitled to compensation.
Gathering and presenting evidence of negligence in courts across the border, or dealing with multiple claimants at once, can be complex. At Border Solutions Law Group, our experienced cross-border lawyers can help you and your family file a wrongful death claim in another country and pursue the compensation you deserve. With dual-licensed lawyers in both British Columbia and Washington State, we can assist no matter what side of the border your claim is being brought on. Schedule your free initial consultation today for advice about what may be possible for you.
Disclaimer: For specific legal advice on your cross-border personal injury matter, please consult with a personal injury lawyer. The content in this article is not intended to act as legal advice and is instead intended to act as a general overview of a legal topic.
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604-684-4211
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Suite 408 – 837 West Hastings St.
Vancouver, BC V6C 3N6
US OFFICE:
Suite 301 – 2219 Rimland Dr.
Bellingham, WA 98226
FAX:
604-305-0338
Frequently Asked Questions
At Border Solutions Law Group, we aim to provide clear, straightforward answers to help you understand your rights.
Here are some common questions we receive related to Wrongful Death Claims in Cross-Border Incidents:
Are cross-border injury claims worth more in the U.S.?
The popular perception is that personal injury cases are worth far more in the U.S. than in Canada. This is not always the case. Rushing into a lawsuit in BC or Washington without knowing how the law and insurers work in both jurisdictions is risky. Without the benefit of experience, it can lead to disappointingly unanticipated financial results.
We Help You Avoid The Perils And Pitfalls
At Border Solutions Law Group, our exclusive focus in personal injury is on cross-border cases. Our lawyers are dual-licensed. We regularly fight injury claims in both Vancouver and Seattle.
Over the years, we have analyzed thousands of claims. Our experience is the reason why we have so consistently gained financially favourable outcomes for our clients. We know how to balance the potential awards against the costs. Before launching into a suit, we make sure you’ll end up with a financial win, not a loss.
Why Some U.S. Claims Are Worth More
Unlike British Columbia, Washington state places no cap on certain damages. One of these is for pain and suffering. But maximizing compensation depends on the type of injury. For catastrophic, life-altering injuries, the difference can mean millions of dollars in compensation. But in reality, the vast majority of claims are for soft tissue injuries, which are worth far less.
Legal Costs Are A Key Consideration
The cost of court and legal fees is another important consideration. In BC, your legal costs will likely be covered by the insurer. In Washington, each party is responsible for their own costs. If you hastily initiate a lawsuit and it drags on, you could easily see your compensation reduced down to very little after paying for litigation costs. The key is to know when an award will actually be worth the cost of litigation.
At Border Solutions, we know when you should push forward and when you should settle. We will analyze all the factors, do the number crunching and ensure that you end up financially on top.
Call Us For A Free Case Evaluation
An initial consultation is free. Discuss your case with our lawyer by calling 877-341-0315 or by filing out our online form.
Are cross-border injury claims harder to fight?
If you were injured outside of your home country, will you have a harder time gaining compensation? In a word, yes. Getting fair treatment in one country is already a challenge. Insurers necessarily try to minimize their payout. It’s up to you to prove your claim. But when an accident happens in a different country, you face double the complexity.
You’re Up Against Differing Laws And Insurance Processes
Whether you are a BC resident injured in Seattle or a U.S. resident injured in Vancouver, you now need to navigate two separate systems. The laws in each country governing accident and injury are not the same.
Some law firms take on cross-border accident cases, but since they cannot practice law in both countries, they need to hire a separate lawyer to handle the other half of the case. At Border Solutions Law Group, all we handle is cross-border issues. Our lawyers practise law in BC and Washington. We know how the law and insurance work in both countries. We don’t have any learning curve and we don’t miss key details. Our clients never need to work with two separate law firms. We handle cross-border injury claims from start to finish.
Will I Have To Go Back To The Other Country?
In many cases, no. You can claim accident benefits from the insurer of your home country. For example, if you are a BC resident, we work directly with ICBC on your behalf. At the same time, we can usually negotiate the other part of your claim in Washington right from our office in Vancouver.
Only if we need to advance litigation of the U.S. lawsuit may you be required to attend the trial in Washington state. This adds a layer of complexity to a claim, but we will only pursue the claim if it makes financial sense for you to do so.
Come In For A Free Consultation
Our lawyers are ready to answer your questions and identify your options. Book a free consultation today. Call 877-341-0315 or contact us by email.
Do cross-border drivers face a greater risk for vehicle collisions?
The crisscrossing roadways between Vancouver and Seattle make it simple for individuals to dine, work or find entertainment across international borders. Unfortunately, a motor vehicle accident across the border can add numerous layers of complexity to an already challenging legal process.
While it might be difficult to extrapolate the data to represent drivers in a tourist or vacationer role, a study published in the journal Accident Analysis and Prevention, found recent-immigrant drivers were 40 to 50% less likely to be involved in a motor vehicle collision. Like less experienced drivers, these recent immigrants tend to drive in a more cautious or careful manner. Psychologically, a tourist or visitor might share this same wariness on the roads. For example, Canadian drivers might be more concerned with reaching their destination without harm than multitasking while behind the wheel. They might be hyper-attentive and aware of their environment.
Unfortunately, drivers who are more comfortable with their surroundings might be more likely to overestimate their skill level and ignore safe driving habits. Drivers might engage in unsafe vehicle operation practices such as:
- Distracted driving: Any activity which pulls attention from the road or a hand from the steering wheel can be considered a distraction. These activities can include eating, drinking, personal grooming, talking on a cell phone, checking email, texting or manipulating a navigation system. Commonly, activities are categorized as cognitive distractions, visual distractions or manual distractions.
- Drowsy driving: It is not uncommon for drivers to get behind the wheel early in the morning or late at night. Additionally, individuals might struggle with conditions such as sleep apnea or insomnia that dramatically affect their situational awareness. Being drowsy behind the wheel can lead to dulled perceptions, slowed reaction times and blurred vision – all of which can result in vehicle collisions.
- Impaired driving: A driver’s perceptions, attention and reactions can be impacted by the consumption of alcohol or the use of a controlled substance. Additionally, individuals can see a diminishment of driving skill after taking prescription or strong over the counter medication. Any of these substances can lead to driving impairment.
Canadian drivers who are involved in a motor vehicle accident on foreign soil will likely face a challenging process. From disputes with the insurance carrier to different compensation caps, it is wise to seek the guidance of a law firm focused on cross-border legal issues.
Are all cross-border personal injury suits financially viable?
The legal proceedings of personal injury lawsuits in British Columbia and Seattle differ significantly. For this reason, navigation of a cross-border personal injury claim in the event of an accident in a neighbouring country can be particularly challenging. Fortunately, Border Solutions Law Group focuses their practice on such cases — in fact, cross-border claims are the only types of injury cases they handle.
The complexity of these claims comes with the fact that you will have to deal with two claims at once. Claiming insurance in one country and pursuing a tort claim across the border in the city where the injury was suffered can be overwhelming — especially if you are recovering from accident injuries. Fortunately, the lawyers at Border Solutions Law Group are registered to practice in Washington State and British Columbia.
Thus, you will not need to deal with two separate law firms. These lawyers can navigate insurance claims on one side of the border and pursue recovery of damages not covered under auto insurance in civil lawsuits on the other side. They are informed about the compensation and benefits available in each of the jurisdictions, the caps that are effective on pain and suffering damages, and the different statutes of limitations in the two countries.
Another advantage of retaining the services of the Border Solution Law Group is affordability. Legal fees in Washington and British Columbia differ considerably, and the costs will depend on which side of the border you were injured. This firm’s lawyers will explain the costs and assess viability to prevent pursuing cross-border personal injury lawsuits that will bring no financial benefits.
What should you do if you’ve been denied long-term disability benefits after a cross-border personal injury claim?
British Columbia residents who suffer debilitating injuries often find it challenging to secure long-term disability benefits. If a cross-border personal injury caused the disability, the process could be even more difficult. Any accident in another country will involve laws and insurance companies from two jurisdictions, adding to the challenges.
Denied benefits claims after years of contributing to the insurance fund can be discouraging, mainly because a person might not have any other source of income. However, receiving a letter of denial does not necessarily mean all is lost. The letter should explain why the application was rejected. Long-term disability policies differ from country to country and from company to company.
It might be a pre-existing condition that is not deemed a disability, or an essential piece of information might have been omitted from the application. Insurers in different countries have different definitions of covered disabilities, and technicalities on the application could be the problem. The administrators may claim that none of the disability definitions have been met, or prescribed medical treatment was not followed. They might even claim that the person has recovered from the disability.
These are but some of the many reasons that can be used to motivate a long-term disability provider to deny an application for benefits. However, this is a process that needs the support and guidance of a cross-border personal injury lawyer in British Columbia. A law firm that is able to deal with matters on both sides of the border might find a way to resolve the issue and get the application approved.
Source: thespec.com, “Legal Matters: Application for LTD benefits denied?”, Accessed on March 23, 2018
Still have questions? Contact Border Solutions Law Group today to schedule a consultation.