Not every incident leading to a loss of life necessarily qualifies for legal action. Death resulting from an accident may be considered accidental or wrongful, depending on the circumstances. For surviving family members to claim damages, there must be evidence of negligence or misconduct causing the death. Without it, as in the case of a purely accidental death, pursuing a legal claim may not be possible.
However, suppose a loved one’s death is due to negligence. In that case, the family may consider consulting a wrongful death attorney. The Jackson Law Group, PLLC offers assistance in such cases to clarify whether the incident falls under wrongful or accidental death. Understanding the key distinctions between accidental and wrongful death can help explain a difficult situation.
What is Accidental Death?
Accidental death refers to an unexpected fatal event that is not caused by another person’s negligence. In these cases, the responsibility does not lie with a third party; the accident may have been due to the deceased’s actions or unforeseeable circumstances. The absence of negligence is key in distinguishing accidental death from wrongful death.
Some examples of accidental death include:
- Industrial Accidents include accidents in mines, factories, or other workplaces where explosions or equipment failures occur. While some industrial accidents involve negligence, others do not, and pursuing a wrongful death claim may be limited by workers’ compensation laws.
- Poisoning: Fatalities resulting from unintentional ingestion or exposure to harmful substances may be considered accidental if there is no one directly responsible.
- Blunt Impact: Deaths caused by accidental blunt impact, such as falling objects, may not involve negligence and are considered accidental.
- Suffocation: Accidental suffocation, such as from choking, does not typically involve a third party’s negligence.
What is Wrongful Death?
It happens when any individual dies due to a different party’s negligence. Legal grounds for wrongful death cases involve certain key elements:
- Causation: the death should have been directly caused by the action/inaction of the accused.
- Breach of Duty: Duty of care shows an obligation to act reasonably to safeguard foreseeable destruction to others.
Common instances of wrongful death include:
- Medical Malpractice: When a healthcare specialist or facility fails to follow standard practices, leading to a patient’s untimely death, the case may fall under wrongful death due to medical malpractice.
- Nursing Home Neglect: Nursing homes and caregivers can be held liable if a resident dies due to neglect, abuse, or failure to provide appropriate care.
- Defective Products: If someone dies after using a dangerous or faulty product, the product’s manufacturer or retailer may be liable for wrongful death.
Wrongful Death vs Negligence
Wrongful death and negligence are similar but different legal concepts. It is a death resulting from another party’s dereliction or misconduct. In contrast, negligence is a broader concept involving failure to act reasonably, potentially harming others.
To demonstrate neglect, it must be proved that:
- The defendant committed to work with proper care.
- The defendant breached that responsibility.
- The breach quickly caused damage or death to different persons.
Examples of negligence include:
- Safety equipment needs to be installed on construction sites.
- Refrain from taking preventative measures that could avoid accidents.
- Providing inadequate medical care.
If someone’s negligence causes harm but does not result in death, it may not qualify for a wrongful death claim, though it still warrants legal attention.
Conclusion
If you believe that a loved one’s death resulted from another party’s negligence, filing a wrongful death lawsuit may be a path to seek justice. A skilled wrongful death lawyer can help you through this complicated method, helping you understand your options and work toward fair compensation.
Attorneys specializing in wrongful death can investigate the case, gather necessary evidence, hold the responsible party accountable, and secure a settlement to help families move forward.
References:
- https://www.haffnerlawyers.com/accidental-vs-wrongful-death-whats-the-difference/
- https://www.sftriallawyers.com/blog/what-is-the-difference-between-wrongful-death-accident-and-negligence/
- https://www.kentmcguirelaw.com/blog/wrongful-death-vs-accidental-death-understanding-the-difference/