The Difference Between Wrongful Death and Accidental Death

Losing a loved one is always hard, but losing a loved one in an untimely and unexpected death can be even harder. You may be quick to blame someone for the death of your loved one, but that may not always be the case. You need to make sure you have all the facts before you can differentiate between wrongful death and accidental death.

What Is Wrongful Death?

A wrongful death is usually a death that could have been prevented. To be classified as a wrongful death, someone needs to be responsible for the death through negligence or recklessness.

To have a successful wrongful death case, with the help of a lawyer, you will need to prove the following:

• The death was due to the negligence of another person 
• The way the death took place
• The person responsible had a duty to take care of the person who died

A good example of a wrongful death case is medical malpractice. This can occur if a doctor or nurse failed to complete a thorough patient exam, which resulted in them missing an important symptom that could have prevented the death of the patient. This could also include a doctor or nurse giving a patient the incorrect medication or dosage, directly resulting in the patient's death.

To be considered a wrongful death, the person responsible does not have to deliver the final blow—they can also just fail to provide the adequate care they are required to provide. An easy indicator that a death was a wrongful death would be if the police filed criminal charges against the person responsible. 

What Is Accidental Death?

Like wrongful deaths, accidental deaths are also unexpected and untimely. However, the big difference is that no one else is directly responsible for an accidental death. It can be difficult to conclude whether a death is a wrongful death or accidental death.

For example, if someone ran a red light and was hit and killed, this will usually be considered an accidental death. The person at fault for the accident is the person who died. The driver who hit them was not being negligent and could not have prevented the accident because they were following traffic laws.

If you are not sure if something is a wrongful death or an accidental death, speak with a lawyer who specializes in wrongful death cases. Their knowledge can help you figure out your next steps.

How Do You Move Forward Legally?

If you speak to a lawyer and they determine that you can prove that the death was due to the negligence of another person, you should be able to move forward with a wrongful death lawsuit. However, if your lawyer does not think the death was due to another person’s reckless behavior, they will let you know that you do not have a case to pursue. 

If a lawyer determines that the death was a wrongful death, you will have two years from the date of the death to take legal action against the person responsible. If you wait longer than two years, you will likely no longer be able to file a lawsuit. 

If you have lost a loved one in a tragic way and you suspect it could be a wrongful death, get in touch with us today at Frank Penney Injury Lawyers for your free consultation. We believe that everyone who loses a loved one unfairly and at the hands of another person deserves justice and compensation for the life they lost. We work on a contingency fee basis, so you do not pay a penny unless we win your case.