What is a wrongful death claim?

Wrongful death occurs when the death of an individual is due to the negligence of another. The law covering wrongful death claims is based on a law that was first passed in California in 1872. Under that law, only the heirs may sue for their loss as a result of the death of their relative and all heirs must share in such a claim. The law defines an heir very specifically, such that a husband or wife can sue for the death of their spouse, but only if they were married at the time of death. If a minor child dies, then both parents are considered as heirs, even if they are not married. If an adult who has a child dies, then the child is the heir, even if the adult has parents. As a result of these specific rules, it is important that anyone who is considering pursuing a wrongful death claim has an experienced attorney who understand these rules. Also, it is important to have an attorney who has experience with medical malpractice related wrongful death cases because, in California, all heirs in a wrongful death claim based on medical malpractice must share in the maximum of $250,000 recovery for non-economic damages.