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      What is a wrongful death claim?

      When someone suffers harm due to a medical professional’s negligence, the effects often ripple out to those around them.

      If your loved one died due to medical negligence, there are two types of claims you may have:

      It’s important to note that you cannot file a wrongful death lawsuit if you were directly injured by a medical professional. However, you may have a separate medical negligence claim instead.

      If your loved one’s been injured by medical negligence, contact us today. With decades of experience and expert training in both psychiatry and law, our legal team is uniquely equipped to handle your wrongful death claim.

      Start your free online claim check

      Find out if you’re eligible for a wrongful death claim today.

      Check your claim nowIt only takes 2 minutes.

      Can I make a wrongful death claim?

      Compensation to relatives and nervous shock claims are slightly different, but you’ll typically need to meet three criteria:

      Who counts as a ‘close relative’ can depend on the state, but generally, it includes:

      • Spouses and de facto partners.
      • Children, stepchildren, or anyone the deceased was responsible for as a parent.
      • Parents, stepparents, or legal guardians.
      • Grandparents.
      • Siblings, including half-siblings and stepsiblings.

      If someone was living with the deceased but doesn’t meet the legal definition of a de facto partner, they might still qualify. However, they’d need to prove that the relationship was intended to be long-term.

      To establish that your loved one’s death was caused by medical negligence, you’ll need to show that:

      • The doctor, nurse or other medical professional had a legal duty to keep your loved one safe. Generally speaking, most medical professionals owe their patients this duty.
      • The medical professional failed to uphold that duty.
      • This failure directly led to your loved one’s passing.

      For more details on how to prove negligence, keep reading below.

      This means something different depending on which type of claim you’re making:

      Compensation to relatives claims

      To qualify, you must show that:

      • The deceased was financially supporting you before they passed.
      • You had a reasonable expectation that this support would have continued.
      • You’ve experienced financial hardship due to their death.

      In most cases, spouses, de facto partners, and school-aged children are automatically considered financial dependents.

      Nervous shock claims

      For this type of claim, you’ll need to prove that your loved one’s passing caused you to develop a recognized psychiatric condition. A GP or mental health professional must officially diagnose it.

      Common conditions that may qualify include:

      • Anxiety.
      • Depression.
      • Post-Traumatic Stress Disorder (PTSD).
      • Adjustment Disorder

      If you think you may have a case, it’s important to speak with a specialist wrongful death lawyer. In a free consultation, we can help clarify your options.

      Examples of wrongful death claims

      Below are some of the most common cases of medical negligence that can lead to a wrongful death claim:

      • Misdiagnosis or delayed diagnosis: if a medical professional misdiagnoses a condition, fails to diagnose it, or the diagnosis is unreasonably delayed and your loved one dies as a result.
      • Surgical errors: critical mistakes during surgery can lead to death.
      • Birth injuries: medical negligence during delivery can result in the death of the mother or child.
      • Emergency room negligence: inadequate emergency care can lead to preventable death.
      • Unnecessary or botched procedures: unnecessary or botched procedures may cause death.

      These are just some of the wrongful death claims we have handled over the years — there are many more situations where you may be able to claim.

      If you’re unsure whether you’re eligible, speak to one of our wrongful death attorneys today. As experts in medical negligence, we have the experience to determine whether you have a claim and how much you could be entitled to.

      Lily receives $900,000 for PTSD caused by negligent hospital care

      Lily’s husband, Albert, went to the hospital with calf pain and shortness of breath but was quickly discharged. When he returned the next day with similar symptoms, tests revealed a major blood clot and right heart strain. Sadly, Albert suffered a heart attack and passed away shortly after. As a result of her husband’s death, Lily developed severe depression and PTSD.

      Our medical negligence team gathered expert evidence to demonstrate that proper investigations at the hospital could have prevented Albert’s death. We also established that Lily's condition was directly caused by the hospital’s negligence.

      Additionally, we helped Lily make a ‘compensation to relatives’ claim for the financial impact of Albert’s passing. Ultimately, both cases were settled at mediation for $900,000.

      Read Lily's full story here

      Compensation for medical negligence resulting in death

      How much compensation you receive for death by medical negligence depends on your specific situation.

      Since wrongful death can have serious and far-reaching impacts, payout amounts can vary widely — anywhere from tens of thousands to several hundred thousand dollars.

      Below, we explain how much compensation you can expect for both types of claims:

      The amount of compensation you could receive depends on how serious your condition is. It may include:

      • Pain and suffering: money for the physical and emotional impact of your injury.
      • Lost income: covers wages you’ve already lost and future earnings you might miss out on, including superannuation.
      • Care and support: helps with professional care, support from family and friends, or if you can no longer care for a dependent.
      • Extra costs: covers things like medical bills, travel expenses, or any necessary changes to your home or car.

      Compensation is designed to help ease the financial burden of losing a loved one by covering what they contributed to your family.

      The amount you receive depends on your situation, but it could include:

      • Lost financial support: helps cover everyday expenses like rent, mortgage payments, groceries, school fees, and other essentials.
      • Medical and funeral costs: covers medical bills from any treatment they received before passing, plus funeral expenses.
      • Household help: provides support for tasks your loved one used to handle, like childcare, cleaning, or home maintenance. If they had specialised skills, you might also be able to claim the value of those services, since they would have likely done them for free.

      How to make a wrongful death claim

      While every wrongful death claim is unique, your claim will likely go through the following steps.

      Before starting your claim, we strongly suggest speaking with a lawyer who specialises in wrongful death claims.

      We’ll assess whether you’re eligible for a nervous shock claim, compensation to relatives claim — or both.

      During a free consultation, we’ll also check if you qualify for any extra claims like income protection or Total and Permanent Disability, ensuring you get the full compensation you deserve.

      To make a claim, you’ll need solid evidence from experts to prove your connection to the deceased and show that their death resulted from medical negligence.

      • For a compensation to relatives claim: you must demonstrate that the deceased provided you with financial support.
      • For a nervous shock claim: you’ll need medical documentation confirming that you’ve developed a recognised psychiatric condition due to their passing.

      Our experienced wrongful death lawyers collaborate with top medical and liability experts across the country to prove negligence and strengthen your case. We handle all upfront costs, so you won’t have to pay anything out of pocket — plus, you only pay if we win.

      Once you’ve collected all the required evidence, we’ll help you file your claim against the medical professional.

      The insurer will then launch its own investigation, which may involve examining medical reports and witness statements. They may also request a medical evaluation by a psychologist of their choice. Your lawyer will support you throughout this process, making sure that you only participate in necessary and pertinent assessments.

      You’ll need to participate in a mandatory pre-court mediation with the insurer. To make this process as smooth as possible and secure the best outcome, your lawyer will manage all negotiations on your behalf.

      With our thorough preparation and extensive experience in wrongful death claims, your claim will likely be resolved during mediation. However, if the insurer still doesn’t offer fair compensation, we’re prepared to take your claim to court.

      Nora secures lump sum after husband dies from bad medical advice

      Nora’s husband, Jason, had a heart condition that required daily DAPT therapy. When he went in for a routine colonoscopy, his surgeon advised stopping DAPT before the procedure. Tragically, this led to complications and Jason’s eventual death. After the loss of her husband, Nora developed depression and could no longer care for herself.

      We used expert reports to show that the surgeon’s recommendation was negligent and contributed to Jason’s death. Our experts also confirmed Nora’s depression was directly related to her husband’s loss.

      At this time, we also helped Nora make a ‘compensation to relatives’ claim for the financial impact of Jason’s death. In the end, we secured a $550,000 settlement for Nora, covering her wages, medical expenses, and ongoing care.

      Read Nora’s full story here

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Meet more of the team

      How much will my wrongful death claim cost?

      The cost of your wrongful death claim depends on how complicated it is and the time it takes to resolve. But no matter what, you’re always protected by our No Win No Fee guarantee.

      • No upfront costs: we cover all expenses, including expert fees and legal costs — and you’ll pay nothing unless we win your claim.
      • Transparent fees: we provide a clear breakdown of our fees from the outset.
      • Avoid court costs: we resolve most claims through mediation, saving you the time, stress and expense of court.
      • Reduced legal fees: we usually recover our legal fees from the other party, so you keep more of your compensation.
      • 90-day trial: try our services risk-free for 90 days. If you choose to cancel within this period, you won’t be charged.
      Find out more about our fees

      Frequently asked questions

      To file a wrongful death claim in Australia, there are four key points you’ll need to prove:

      1. A duty of care exists: you must show that medical professional had a legal obligation to ensure your loved one’s safety and well-being. This duty generally automatically exists in doctor/patient relationships.
      2. The duty of care was breached: this means the medical professional failed to uphold their duty, either through negligent actions or a lack of action. For instance, a surgical error would be an act of negligence, while not properly investigating medical symptoms would be a negligent failure to act. The ‘reasonable standard of care’ test helps determine if a breach occurred by asking whether a reasonable person in a similar situation would have acted differently.
      3. The breach caused your loved one’s death: you’ll need to demonstrate that your loved one’s passing was a direct result of the breach, and that their death was a foreseeable outcome of the medical professional’s actions or inaction.
      4. You’ve suffered loss: finally, you must show that you’ve experienced financial loss or injury due to your loved one’s death. This can include medical bills, funeral expenses, lost income, and loss of financial or domestic support.

      Time limits apply to all wrongful death medical negligence claims, and these limits vary based on your case’s specifics and your state. For instance, in NSW, if your loved one has passed away due to medical negligence, you must start your claim within three years of their death.

      If you’re outside the time limit, you can apply to the court for an ‘exception’. To determine whether you qualify, the court may look at:

      • Your access to proper legal counsel.
      • Any efforts you made to seek medical or legal advice.
      • The duration of your delay.
      • The extent and severity of your injuries.
      • Whether the medical professional advised against suing.

      We strongly recommend consulting a lawyer before filing a delayed claim. A wrongful death attorney can identify the best exception for your case and petition the court on your behalf. Over the years, we’ve successfully resolved many delayed claims for our medical negligence clients.

      As part of our comprehensive service, we always find your additional claims. These may include:

      Income protection claims

      If you’re temporarily unable to work because of your psychiatric condition, you may qualify for an income protection claim. This means you may receive:

      • Monthly wage-replacement payments.
      • Up to 75% of your usual income, including superannuation.
      • Payments for a specified duration, such as 2 years, 10 years, or until you reach retirement age.

      Total and Permanent Disability (TPD)

      If your psychiatric injury permanently stops you from working, you might be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection or weekly workers compensation payments, a TPD benefit provides a significant lump sum to support you for life. This coverage is often included in superannuation policies, so you might already have coverage without realising it.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

      Google Posted by Jamie Quinn
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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How a wrongful death lawyer can help

      For over 25 years, we’ve helped Australians win wrongful death claims against negligent medical professionals. As part of our comprehensive service, we will:

      • Clarify your rights and potential claims.
      • Gather strong evidence of medical negligence.
      • Handle negotiations with the medical professional’s insurer.
      • Appeal if your claim is denied or the offer is unfair.
      • Identify additional claims like TPD benefits.
      • Ensure you receive full compensation for both the financial and emotional impact of your loss.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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      Hospital compensates mother after failing to recognise signs of foetal distress

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      $550,000

      Medical Negligence: Wrongful Death Claims
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      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

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      We have the experience you can count on

      98%
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      25
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      9,403
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

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      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

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