Losing your loved one is very traumatizing. All the plans made now are memories. It is even worse when you know the cause of the death was someone else’s negligent actions. Your whole life and family change after a loved one dies. Most of these deadly accidents are the result of human error.
What is a reasonable person supposed to do?
Any reasonable person at fault caters to the injured person’s medical expenses. What if it is a hit-and-run with no found evidence while the family cannot pay for physical injury? Victims involved in car accidents deserve better medical treatment to survive. If the family cannot pay for the medical treatment, guess what? Your loved one might die. Every driver should exercise reasonable care while driving.
What if the wrongful death was not intentional? What about cases where the cause of death is someone else’s negligence? This blog is to help you distinguish the difference between death accident vs negligence.
TABLE OF CONTENTS
Accidents and negligence. What are the definitions?
What are the causes of accidents vs negligence?
- Causes of wrongful death as a result of negligence.
- Causes of wrongful death accidents.
How can personal injury lawyers help in wrongful death accidents VS negligence?
Accident vs. Negligence Which wrongful death can the victims file for a Personal Injury Claim?
- What is the difference between non-economic damages and economic damages?
- The difference between a wrongful death accident and negligence.
- What is the difference between a personal injury claim and a wrongful death claim?
Are you looking for a law firm to help you with a wrongful death case?
Accident vs. Negligence. What is the definition?
Wrongful death is a personal injury case in which the deceased’s family receives compensation. Wrongful death is an example of a personal injury case where the family involved is entitled to make a personal injury claim.
A wrongful death may be the result of an accident or carelessness. What is the distinction between them?
A wrongful death accident occurs when the party involved did not intentionally or negligently cause the accident. As the term implies, it was a pure accident; therefore, the parties involved are responsible. Accidental wrongful deaths may result from natural causes.
The cause of wrongful death is another party’s negligence. The individual was aware of the potential consequences but proceeded anyway. Due to the negligence of others, numerous individuals have lost loved ones.
What are the causes of Accidents vs. Negligence?
Causes of wrongful death as a result of negligence
Motor vehicle accidents: Motor vehicle accidents are the most common cause of wrongful death. Here are some of the causes of car accidents caused by motorists.
- Driving recklessly
- Driving under the influence of drugs and alcohol.
- Over speeding.
- Texting while driving.
The families of the injured and other drivers have to cater to medical expenses. Some of these families cannot pay all the medical bills for these accidents.
Truck drivers
When truck drivers drive above the required speed limit, they result in truck accidents as a result of negligence. Truck drivers can carry excess goods in their vehicles, leading to wrongful death. Truck drivers are warned on some occasions when they should not be on the road because of adverse weather conditions.
Negligence of the warning leads to wrongful death. The truck driving company causes wrongful death because they do not call mechanics to ensure that the trucks are working properly.
Medical malpractices
It is a surprise that the people who are supposed to be looking out and helping to save our lives are the same people increasing the number of wrongful deaths. When medical practitioners do not follow medical procedures or take shortcuts, people die due to their negligence.
Manufacturer’s failure to protect the consumer’s
Most manufacturers strive to produce products that exceed the same consumer intake. In any situation where they do not meet these standards and provide products that are not safe for human consumption, they are held accountable for wrongful death cases.
Accidents in workplaces
Employers must provide a safe workplace for their employees. When they fail to do so, a wrongful death results.
Accidental causes of wrongful deaths
The majority of wrongful deaths are not the result of someone else’s negligence. These are known as accidental wrongful deaths. They are unintentional and occur accidentally.
The leading causes of wrongful death accidents include:
- Unintentional poising: Drug overdoses can result in wrongful death accidents. A good example is if the person taking the medication is not keen on the time of the drug administration. No one can take the blame in this situation.
- Unintentional car accidents: Reasonable drivers ensure that they are always maintaining reasonable care while driving on the roads. Over twenty-five thousand accidents are a result of motor vehicle traffic. If a driver drives at the recommended speed limit, wrongful deaths are unlikely to occur. Any serious injury can result in the death of the person.
- Unintentional drowning: A simple example of a wrongful death accident is when a person is swimming in a pool or river and has an attack leading to death. In such a situation, no one is responsible for their death.
- Other unintentional: A good example is someone falling from a certain height and dying. This accident is not the result of any outward action. Thus, no one is at fault. Adverse weather conditions can result in accidental deaths. They happen when someone is barely aware of weather-focused warnings. Adverse weather conditions can cause trees to crash into cars, leading to wrongful deaths.
How can personal injury lawyers help you in an accident vs. negligence?
Victims involved in accidents and the deceased’s family need a lawyer. They do help in proving the negligence of the other drivers. A personal injury lawyer helps you recover compensation when these injuries reduce your quality of life. A personal injury case differs depending on the laws of your state. California state law allows personal injury lawyers to recover compensation for only non-economic damages caused by someone’s negligent conduct.
What is the difference Between non-economic damages and economic damages?
Economic damages are monetary damages such as property damage, lost wages, and medical expenses. Some of this damage is covered by an insurance company. Other lawyers at the law firm can help you with these cases. Gregory Spektor & Associates P.C. law firm can work with your insurance company to ensure that economic damages in motor vehicle accidents are settled. The non-economic damage affects the relationships of the parties involved and reduces the quality of their lives. Here are some examples:
- Emotional distress.
- Pain and suffering.
- Trauma.
- Disabilities.
Accident vs. negligence Which type of wrongful death can the victim file as a Personal Injury Claim?
Nurses, doctors, manufacturers, and drivers’ legal obligation is to exercise the duty of care in their specialty area. A failure to meet this legal obligation leads to an increase in the number of wrongful deaths in the country. Breaching the duty of care leads to wrongful death lawsuits. No one is at fault in a wrongful death accident. Without a case, there is no evidence to be used by a law firm. Every state has different laws for personal injury cases.
An example of such a case is a cyclist driving on land owned by someone else, the land has hills, and then he gets hit by a rock, leading to an injury and an accident resulting in death. Who is at fault in such a situation? No criminal charges can be filed against the landowner because it was not his fault. The landowner was not directly involved in the deadly accident. The family of the deceased, thus, cannot file any personal injury case against the landowner. Wrongful accidental deaths have no criminal charges or personal injury claims.
The difference between a wrongful death, an accident, and negligence
The negligent actions of the other party always result in legal liability. The difference between wrongful death accidents and negligence is that a wrongful death accident has no criminal charges, while the latter does. In wrongful death accidents, there is no personal injury claim, while in a wrongful death caused by the negligence of the other driver, there is a personal injury claim.
In a wrongful death accident, no one is at fault, while in a wrongful death caused by negligence, the other person is at fault because of his negligent conduct. Wrongful death accidents have no compensation, while in cases of negligence-related wrongful death, there is compensation for non-economic damages such as pain and suffering as well as economic damages.
You will need a personal injury lawyer in a wrongful death caused by negligence, but in a wrongful death accident, the services of personal injury lawyers are unnecessary. In a wrongful death case, the beneficiaries of the deceased are given compensation, while in an accidental death case, there is no compensation. Motor vehicle insurance companies pay for medical expenses in an accidental death case. In a wrongful death accident, the family’s insurance medical coverage pays for the bills.
In wrongful deaths caused by negligence, you can file both a personal injury claim and a wrongful death claim, while in an accidental wrongful death accident, you cannot file these claims.
What is the difference between A personal injury claim and A wrongful death claim?
Personal injury cases and wrongful death have one major common factor. California law demands that every driver observe reasonable care when driving. In any case, the law determines if there was negligence by comparing the driver’s conduct with the duty of conduct.
They are both caused by the negligence of the other person. The victims were injured as a result of the other party’s negligence. The injured party is the one that files a personal injury claim against the person who is at fault. A personal injury law firm helps the victim get compensation from the person at fault.
In any wrongful death case, loved ones stay behind. The loved one of the deceased can file a wrongful death claim against the person who caused the death. Wrongful death lawyers help their clients determine whether the accident was caused by the person’s negligence. The lawyer then helps you file a wrongful death claim against the party at fault. The compensation made by the other party will help cater to and pay for the following:
- Medical expenses incurred.
- Finances for the education of the survivors if the deceased was the family provider.
- Funeral expenses.
- Loss of future wages.
The difference between a wrongful death claim and a personal injury claim is that the former caters to monetary damages, while the latter pays for medical expenses, physical and mental pain, and suffering caused by injuries and accidents.
What does the wrongful death lawyer need to PROVE?
Duty of care
The law firm has to prove that the accused failed to observe the duty of care to the deceased.
THE BREACH OF THE duty of care
The lawyer must prove that the party involved failed to maintain reasonable rules of conduct by speeding or failing to observe the traffic lights.
The cause of the accident.
It is not enough for the lawyer to only prove that the accused failed to obey the rules. He proves how the act of conduct is directly connected to the wrongful death of the deceased.
Are you looking for a law firm to help you with a wrongful death case?
Employers must provide a safe workplace for their employees. When they fail to do so, a wrongful death results. Get a good lawyer from Gregory Spektor & Associates P.C. who will help in proving the negligence of another driver. Gregory Spektor & Associates P.C. offers free consultation services to our clients.
Most wrongful deaths are not the result of someone else’s negligence. These are known as “accidental wrongful deaths. Any negligent person can lead to accidental deaths. They are unintentional and occur accidentally.
