What is a wrongful death claim and how can it be used in a birth injury lawsuit?

A wrongful death claim is a legal action brought by surviving family members or a legally appointed representative of the deceased person when death is caused by the negligence or wrongful act of another. In California, wrongful death cases are civil lawsuits brought in court and are distinct from criminal cases. In a birth injury lawsuit, a wrongful death claim can be used to seek compensatory damages for the survivors of a person whose death was caused by a birth injury. This includes economic losses, such as medical expenses, burial costs, and lost wages, as well as non-economic damages, such as pain and suffering and loss of companionship or guidance. Generally, wrongful death claims are only available if the injury was caused by the negligence or wrongful act of another and were so severe that it resulted in death. A wrongful death claim can provide families with the financial security they need to get by and may include past, present, and future losses. In addition to bringing a wrongful death claim, the family of the deceased may also be able to bring a claim for medical malpractice or negligence.

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