When Are Fatal Accidents Considered A Wrongful Death?
Catastrophic accidents resulting in death may be no-fault or may indeed be
wrongful death cases that can be attributed to an individual’s negligence. If survivors bring a lawsuit, state courts decide whether the death is wrongful and who is liable. Fatal personal injuries are commonly sustained in incidents of surgical error, police actions and traumatic accidents. But are they wrongful deaths?
Examples of unintentional accidents that could have natural causes include:
- Drowning
- Poisoning
- Traffic collisions
Falling overboard into a heavy current, accidentally ingesting a toxin and skidding on wet pavement cannot be attributed to personal liability. However, being assaulted and knocked overboard, eating tainted food and hitting a car after swerving into an adjacent lane can. If the injuries sustained are fatal, an attorney can help the surviving family members to determine whether they have a case.
How Is Wrongful Death Distinguished from Murder and Medical Malpractice?
At trial, murder is a criminal charge that rests on a preponderance of evidence of intention to bring about a death. The state tries the person accused of the death and imposes criminal penalties for breaking the law.
Wrongful death, however, is a civil matter between the accused (the defendant) and the personal representative of the deceased person’s estate, usually a family member (the plaintiff). This person may represent other interested parties, usually the extended family.
Medical malpractice does not necessarily entail a fatality. If a surgical procedure or medical treatment does result in the patient’s death, though, a civil lawsuit with the help of a
wrongful death attorney can recompense damages to the surviving family.
When Should Families Bring Wrongful Death Lawsuits?
When loved ones die as a result of botched surgery, reckless driving or another circumstance where liability can be proven, the victims’ personal representatives can file a lawsuit with the help of a wrongful death attorney.
If the evidence lies in their favor, the court or jury may award pecuniary damages. These can include monetary sums for the dependent heirs’ loss of financial, parental or practical support, which the deceased person would have provided over the course of their lives. Damages can also be awarded to individuals who are not considered legal heirs, if a relationship can be substantiated.
Seeking an award will depend upon obtaining expert doctor testimony, witnesses to accidents, and the particular state laws in question.