These two categories, pecuniary and non-pecuniary damages, apply to the four contexts in which a wrongful death may occur: medical negligence and medical malpractice, public liability, workplace liability or a motor vehicle accident. For a death to be considered ‘wrongful,’ it must have occurred as a result of another’s negligence — or put differently, the failure of another to provide their legal duty of care. 

• Medical negligence and malpractice: All medical professionals have a duty to provide prudent and competent care for their patients. This duty extends to appropriate diagnoses, appropriate treatment and responsible medical practices more generally. 
• Public liability: Those who own — or are responsible for — publicly used facilities are tasked with the duty of ensuring the safety of those who use their spaces. This duty applies to property/premises maintenance, security and accident-preventative measures, among other factors. 
• Workplace liability: Employers have the duty to provide employees and contractors with a safe environment wherein risks are minimised. This may include implementing safety protocols, providing necessary training and upholding the maintenance standards of equipment and facilities. 
• Motor vehicle accident: All road users have the responsibility to best ensure the safety of others. This duty not only applies to automobile drivers but also extends to motorcyclists, cyclists and pedestrians. 

If someone fails to provide their duty of care as it relates to any one of these categories, and that negligence results in another’s death, family members of the deceased person may be eligible to receive pecuniary and non-pecuniary damages through a wrongful death lawsuit.