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      What is a wrongful death claim?

      When a loved one passes away due to medical negligence or malpractice, the impact extends far beyond the victim, profoundly affecting their family and friends. Wrongful death claims offer vital support to help alleviate the burden of your loss.

      Typically, there are two types of wrongful death claims you can pursue. Depending on your circumstances, you may be eligible for both:

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

      If you’ve lost a loved one due to medical malpractice, reach out to us today. With a proven track record in medical negligence and wrongful death claims, we’re uniquely positioned to handle your case. Our resources include Australia’s largest network of medical experts, providing strong evidence to bolster your case. The result is hundreds of wrongful death claims successfully finalised over the last 25 years.

      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.

      Examples of wrongful death claims

      Here are some of the most common forms of medical malpractice that can lead to a wrongful death. If your loved one has passed away due to any of these issues, and it caused you to develop a psychiatric condition or lose financial support, you may have a wrongful death claim.

      • Misdiagnosis or delayed diagnosis: if a medical professional misdiagnoses a condition, fails to diagnose it, or delays diagnosis unreasonably, leading to your loved one's death.
      • Surgical errors: critical mistakes during surgery can result in severe complications and death, which may have a profound psychological and financial impact on the deceased's family.
      • Emergency room negligence: inadequate care in the emergency room can lead to preventable fatalities.
      • Unnecessary or botched procedures: procedures that were unnecessary or performed incorrectly may lead to death.

      These are just a few examples of wrongful death cases we’ve successfully handled over the years. Many other situations could also entitle you to a claim. If you’re unsure whether your situation qualifies, get in touch with us today.

      Do I have a wrongful death claim?

      You generally need to meet three key criteria for a wrongful death claim:

      The definition of a ‘close relative’ can vary by state, but it typically includes:

      • Spouses and de facto partners.
      • Children, stepchildren, or anyone under the deceased’s parental care.
      • Parents, stepparents, or legal guardians.
      • Grandparents.
      • Siblings, half-siblings, and step-siblings.

      Partners who don’t meet the legal definition of de facto but were cohabiting with the deceased at the time of their passing may still qualify. They’ll need to prove that the relationship was intended to be long-term.

      To prove that your loved one’s death was due to medical negligence, you need to demonstrate:

      • The medical professional breached their duty of care to your loved one, either through a negligent act or failure to act.
      • This breach of duty directly caused your loved one’s death.

      For more details on how to establish negligence, see below.

      This criteria means something different depending on the type of claim you’re making.

      Compensation to relatives claims

      To qualify, you must prove that:

      • The deceased provided financial support to you during their lifetime.
      • You reasonably expected that this support would have continued if they had lived.
      • You’ve experienced financial loss due to their passing.

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

      Nervous shock claims

      You must demonstrate that you’ve developed a recognised psychiatric condition as a result of your loved one’s death. This condition must be diagnosed by a GP or a relevant mental health professional.

      While many psychiatric conditions could make you eligible for compensation, the most common include:

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

      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 discharged without proper investigation. When he returned the next day with the same symptoms, tests revealed a major blood clot and right heart strain. Sadly, Albert suffered a fatal heart attack shortly after. In the aftermath of his death, Lily developed severe depression and PTSD.

      Our medical negligence team used expert evidence to show that if the hospital had conducted appropriate investigations, Albert’s death could have been prevented. We also established that Lily’s condition was a direct result of the hospital’s negligence. In the end, her case was settled at mediation for $900,000.

      Read Lily’s full story here

      How much compensation will I receive?

      The compensation you receive for a wrongful death claim varies based on several factors, including the type of claim, the regulations in your state, and the extent of your losses.

      Here’s a breakdown of the potential compensation for each type of claim:

      The purpose of a compensation to relatives claim is to restore your financial situation to what it would have been had your loved one survived. It may cover:

      • Lost financial support: contributions your loved one made toward rent, mortgage payments, groceries, school fees, and other daily expenses.
      • Medical and funeral expenses: any medical treatment your loved one received before their death, as well as funeral costs.
      • Domestic services: household tasks, childcare, and other responsibilities your loved one used to handle. If they had professional skills, you may also claim the commercial value of these services, assuming they would have been provided free of charge.

      The compensation you may receive depends on the severity of your condition and can include:

      • Pain and suffering: compensation for the physical and emotional impact of your injury.
      • Lost income: this covers both past and future earnings, along with superannuation contributions.
      • Care and support: professional care or assistance from family and friends, plus compensation if you can no longer care for a child or other dependent.
      • Additional costs: medical expenses, travel costs, and any necessary modifications to your home or vehicle.

      How much will my claim cost?

      The cost of your claim is based on its complexity and duration, but you’re always protected by our genuine No Win No Fee guarantee:

      • No financial risk: we cover all costs, including expert fees, legal fees, and administrative expenses. You only pay if we win your claim.
      • Transparent fees: you’ll receive a clear breakdown of our fees from the start.
      • Avoid court costs: we resolve most claims through mediation, saving you from the time and stress of court proceedings.
      • Reduced legal fees: we generally recover our 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 decide to cancel within this period, there’s nothing to pay.
      Find out more about our fees

      Nora secures lump sum after husband dies from bad medical advice

      Nora's husband, Jason, had a heart condition requiring daily DAPT therapy. Before a routine colonoscopy, his surgeon advised stopping the therapy, leading to complications and Jason’s death. Nora then developed severe depression and became unable to care for herself.

      Our team used expert reports to prove the surgeon’s negligence and link Nora’s depression to her husband’s death. Additionally, we helped Nora file a ‘compensation to relatives’ claim, securing a $550,000 settlement to cover lost financial support, wages, and ongoing medical costs.

      Read Nora’s full story here

      How to make a wrongful death claim

      Though every wrongful death claim is unique, the process typically follows these steps.

      Before starting your claim, we recommend consulting with an expert lawyer. We’ll assess your eligibility for both compensation to relatives and nervous shock claims.

      At this time, we’ll also identify any additional claims you may be entitled to, such as income protection or Total and Permanent Disability. This comprehensive approach ensures you receive the maximum compensation possible, helping to ease the financial and emotional impact of your loss.

      To support your claim, you will need expert evidence that demonstrates your relationship to the deceased and establishes that their death was caused by medical negligence. For a compensation to relatives claim, you’ll also need to prove that the deceased provided financial support to you. In a nervous shock claim, medical evidence of your diagnosed psychiatric condition is required.

      Our lawyers collaborate with a national network of medical and liability experts to prove negligence and build a robust case for you. We cover all upfront costs, so you won’t face any out-of-pocket expenses, and you only pay if we win your case.

      With strong evidence in hand, we’ll help you file a claim against the medical professional’s insurer.

      The insurer will then conduct its own investigation, examining medical reports, incident details, and witness statements. Your lawyer will advocate on your behalf to ensure your claim is handled as swiftly and effectively as possible.

      You’ll need to participate in a pre-court mediation with the insurer. To make this process as smooth and effective as possible, your lawyer will manage all negotiations for you.

      With our in-depth preparation and extensive experience, we’ll likely resolve your case at mediation. However, if the insurer doesn’t offer a fair settlement, we are fully prepared to escalate your case to court.

      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
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Joanne Baker
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      Frequently asked questions

      To prove negligence in a wrongful death claim, you’ll need to establish three key elements:

      1. A duty of care was breached: Medical professionals owe their patients a ‘duty of care’, meaning they have a legal obligation to ensure their safety and well-being. They can breach their duty of care through either a negligent action or inaction. For example, a surgical mistake would be a negligent act, while failing to properly investigate your symptoms is a negligent inaction.
      2. The breach caused your loved one’s death: You must demonstrate that your loved one’s death was directly caused by the other party’s breach of duty and that this death was a foreseeable result of their action or failure to act.
      3. You suffered injury and loss: You must show that you’ve suffered injury and loss due to your loved one’s death. This can include lost income, financial support and domestic services, as well as medical treatment and funeral costs.

      Strict time limits apply to all wrongful death claims.

      In some states, you must initiate court proceedings within three years of your loved one’s death. In others, you have three years from when you discovered their death resulted from medical negligence.

      If you’ve missed the deadline, you’ll need to apply for an exception. When deciding if you qualify, the court will consider factors like:

      • Your access to legal counsel.
      • Any steps you took to seek medical or legal advice.
      • The length of your delay.
      • The severity of your injuries.
      • Whether the medical professional advised against pursuing a claim.

      Before filing a delayed claim, we strongly recommend consulting a lawyer. A wrongful death specialist can identify the most applicable exception for your case and advocate for you in court. Over the years, we’ve successfully resolved hundreds of delayed claims for our clients.

      In some instances of medical negligence, a loved one may survive long enough to initiate a claim themselves. If they pass away before the claim is resolved, the path to compensation doesn’t end there — the claim can be continued by their estate.

      To succeed, you’ll still need to meet all the requirements of a medical negligence claim.

      Unlike standard medical negligence claims, the compensation will be restricted to past losses only. This includes economic loss, care and assistance provided to your loved one, funeral expenses, and any out-of-pocket expenses from the date of the injury to the date of death.

      Importantly, continuing your loved one’s medical negligence claim does not extinguish your eligibility for a wrongful death claim.

      If your loved one passed away during a medical negligence claim, we can help you navigate this difficult time. Our experienced lawyers have the expertise to finalise the ongoing medical negligence claim and guide you through initiating your own wrongful death claim.

      As part of our comprehensive service, we also help identify additional claims you might be entitled to, including:

      Income protection claims

      If your psychiatric condition has temporarily prevented you from working, you may be eligible for an income protection claim. You may receive monthly wage-replacement payments, covering up to 75% of your usual income, including superannuation. These payments will continue for a specified period, such as 2 years, 10 years, or until you reach retirement age.

      Total and Permanent Disability (TPD) claims

      If your psychiatric condition permanently hinders your ability to return to work, you may qualify for a Total and Permanent Disability (TPD) claim. Unlike income protection, a TPD benefit provides a substantial lump sum designed to support you for life. This coverage is often included in superannuation policies, so you might already have this insurance 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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      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.

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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 we can help you

      For more than 25 years, we’ve helped Australians secure financial support after losing a loved one to medical malpractice. As part of our complete service, we’ll:

      • Explain your rights and potential claims.
      • Prove your eligibility and your total financial losses.
      • Collect robust evidence of medical negligence.
      • Negotiate with insurers on your behalf.
      • Appeal your claim if it’s denied or you’re offered an inadequate settlement.
      • Identify your additional claims, such as TPD benefit.
      • Secure maximum compensation to cover the full 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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      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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