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Wrongful death cases in British Columbia: Making a claim

Having to deal with a wrongful death is tragic in itself, but when it's a struggle to get the compensation you need from an insurance company, that's an entirely different matter that becomes more complicated than it should be.

In Canada, when someone is killed and a wrongful death lawsuit is filed, it's possible not to obtain a high payout because of the inability to claim for grief, mental anguish or sorrow. For instance, in one case when a woman was killed, her daughter was awarded $117,000, his 3-year-old was given $135,000 and her husband received $90,000. Those aren't high amounts, but this is partially to do with the laws allowing for minimal compensation. Punitive damages can also be rare.

The knowledge of a lawyer in times when you need to file a lawsuit can be necessary. There are ways to claim for higher amounts of compensation, and in cases with juries, presenting a case in the right way may make a difference in the awards provided.

Handling your case while you grieve is another good reason to work with your lawyer. There are time limits that apply to most cases, and it's important that you file your case soon enough to make sure you can be compensated. Under the British Columbia Family Compensation Act, only some family members can file lawsuits and economic losses suffered may be some of the only compensation available.

Our website has more on wrongful death litigation, so you can learn about how your case may be affected by the laws in British Columbia.

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