Legal Definition of Wrongful Death
In California, wrongful death is defined as a death caused by the negligent, reckless, or intentional actions of another party. This could result from a variety of circumstances, such as car accidents, medical malpractice, defective products, or workplace accidents.
When a wrongful death occurs, surviving family members may be entitled to compensation for their loss, including economic and non-economic damages. A wrongful death lawyer can help guide families through this complex legal process and ensure they receive the justice they deserve.
Wrongful Death vs. Survival Claims
While both wrongful death and survival claims stem from the same incident, the key difference is in who benefits from the compensation. A wrongful death claim benefits the survivors (such as a spouse or children), while a survival claim allows the deceased’s estate to pursue damages for pain and suffering and other losses suffered by the deceased prior to their death.