The law in British Columbia provides limited compensation arising out of the death of a family member. The right to claim for the loss of a family member is a statutory right coming from the Family Compensation Act.
The compensation is essentially limited to:
- damages for loss of love, guidance and affection (for children of the deceased only);
- damages for the loss of services that would otherwise have been rendered by the deceased to the remaining family members;
- damages for the loss of financial support to the remaining family members as a result of the death. The deceased’s take home income is reduced by the portion of that income that would have been used to cover the deceased’s own personal expenses with the balance left being for the support of the remaining family members;
- limited out-of-pocket expenses incurred as a result of a death (funeral and related expenses);
- damages for loss of inheritance; and
- tax gross-up and management fees on the future loss award.
Additionally, court order interest is payable on loss of love guidance and affection, on past services, on past financial support and on out-of-pocket expenses. Our law does not allow any recovery for the grief and sorrow caused by the death of a family member.