Wrongful Death

"Wrongful Death" is a legal cause of action for the pecuniary damages suffered by the certain family members of a person who has died as the result of someone else’s negligence. What this means is that when a person dies as a result of medical malpractice, a lawsuit maybe filed to recover the losses sustained by certain members of the deceased person’s family. This includes the death of a newborn, one in their middle life, or a person of any age. In essence, this cause of action is designed to compensate for the premature death of a loved one.

The term "pecuniary damages" include (1) the loss of the decedent’s love, affection, society, companionship, care, comfort, consortium, solace, protection, and moral support along with (2) the loss of the decedent’s financial contributions and support, household services, and personal services, advice or training.

Under California law, only certain parties have the right to seek wrongful death damages for the death of a loved one. These parties include:  the decedent's surviving spouse, a domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. 

Other parties may also have a right to claim damages for “wrongful death", it is important to consult an experienced medical malpractice attorney to find out if you qualify to claim damages for the wrongful death of a loved one, and to understand what damages you may claim.