Wrongful Death Lawsuit Elements Explained With Examples

Wrongful Death Lawsuit
Wrongful Death Lawsuit

Wrongful death refers to an individual’s passing away due to another party’s negligence. It leads to loss of emotional support, physical and monetary support for the surviving family. Let us take a look at these elements of a wrongful death lawsuit with examples. To pursue this lawsuit, the following elements should be proved. If you want legal representation to prove these, feel free to contact a wrongful death attorney at Davidovich law firm.


One can file the lawsuit only when their family member passed away because of another individual’s negligent or wrongful action. In the event, that defendant party acted in any of these manners, is their action the reason for your relative’s death? Or, is the reason for it something else and natural?


A family is not able to take legal action against a hospital or medical professional who works there when their relative dies from cancer. However, in the event the caregivers exposed him or her to bad medicine or radiation, it could just be a case of wrongful death. In this situation, the person got cancer-affected due to negligence. Still, wrongful death lawyers who represent clients in these lawsuits have to prove that the cause for the demise was the defendants or their agents.

If not negligence, is the reason a possibly willful wrongful action? For instance, the action includes firing somebody on the head from a very close range. This is a deliberate wrongful act. It is possible to submit the lawsuit also when one dies in this way.

The Survivor’s Loss

You might feel that this is easy to establish, but actually, numerous families have alienated relations. So, those families would perhaps get more compensation through interstate succession compared to a lawsuit.

Under California’s law, the loss includes the following.

  • Loss Of Consortium: The losses of sexual relation and love are part of it.
  • Monetary Support: Were you or any of your family members were financially dependent on the deceased? If yes, then you have lost that support and are eligible to be compensated for the same.
  • Physical Support: A monetary value is attached to this as well. In the event your demised spouse did standard household chores or other house-work, you would need to pay somebody for help or take time off your work. You will have the right to be compensated for your past, current and future losses.

Leave a Reply

Your email address will not be published. Required fields are marked *