Law Reform

Bereavement Damages – A New Form of Compensation Under German Law

This is an excerpt from an article titled Bereavement Damages – A New Form of Compensation Under German Law.

Germany was forced to rush to pass legislation on the back of the tragedy of the crash of Germanwings flight 4U9525 on 24 March 2015, where a class of students returning from a language exchange were all killed. Their families, and the German public then discovered that much like in British Columbia, under their current wrongful death laws that these children’s lives had no value.

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National Post: Grey Matters: Wrongful deaths equal little compensation for seniors

What’s your life worth?

If you were to die because a texting driver ran you down or a surgeon left a scalpel behind after an operation, what compensation would the courts award your loved ones?

If you’re over 65, it’s very little. If you live in B.C., it’s probably nothing at all. Before any payment for a wrongful death, the surviving spouse, adult children or estate has to prove the death was due to negligence and that damages resulted. Proving negligence is extremely costly — and showing damages can be impossible.

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2024 Election – David Eby & the BC NDP have failed to keep their promise to modernize BC’s wrongful death laws within their 2020-2024 mandate of government.

John Rustad and the Conservative Party of BC have committed to modernize if elected.

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