Wrongful Death – Family
Compensation Claims

Lindsay Kenney lawyers are highly knowledgeable in regards to advising and acting for clients on family compensation claims. A lawsuit can be initiated for the benefit of a surviving spouse, parent, or child of the deceased.

The Family Compensation Act, R.S.B.C. 1996, c. 126 (the “Act”) is the governing legislation in B.C. that allows claims for compensation for the monetary loss arising from the death of a spouse, parent, or child. Generally speaking, compensation is only awarded for financial losses and loss of services and for loss of care and guidance that of which a spouse, parent, or child would have had the benefit had the death not occurred.

An award for loss of financial support is to try and ensure that any claimant is entitled to the same benefits and advancements in life he or she would have received were the family member still alive. There may also be award for loss of inheritance. It is important to note that the Act does not recognize a claim for “loss of companionship”, but only for monetary losses. In the case of the loss of a child or parent, awards will vary depending on the evidence and if there was an expectation that the deceased person would have provided support of services to surviving children or parents.

If you are looking for legal advice regarding a family compensation claim for wrongful death, Lindsay Kenney will work in the best interest of you and your family. The personal representative of the deceased brings suit on behalf of all claimants, or, if there is no personal representative or if the action has not been started within six months of the death, the claimants can start a lawsuit in their own names.

It is recommended to seek legal counsel for these matters, because:

• The Family Compensation Act includes ‘grandparent’ and ‘stepparent’ in the definition of ‘parent’. However, each term has its own definition in the Act and you should get legal advice to ensure that you meet that term’s implication. The same goes for the definition of a child, which can include a child who is born later. There is also a legal definition of ‘spouse’ in the Act, which involves the amount of time living in a marriage-like relationship if not actually married.
• A lawsuit under the Family Compensation Act has to be initiated within two years from the date of death. However, there can be different limitation periods for executors, administrators, and beneficiaries. It is important to seek legal counsel to determine the applicable limitation periods.