What Constitutes Wrongful Death?

What Constitutes Wrongful Death?

Law Offices of Steven Zwick Feb. 13, 2023

Accidents and professional mishaps happen daily, sometimes resulting in fatalities. When such a death occurs, another party may be held responsible for what is called wrongful death. Wrongful death can occur in several ways, ranging from a car accident to medical malpractice. Let’s take a deeper look at what wrongful death means.

What Constitutes Wrongful Death?

Wrongful death occurs when someone dies due to the negligence, carelessness, or intentional misconduct of another. Death itself isn’t necessarily the issue, but rather how it happened. Generally speaking, wrongful deaths can be divided into two categories: negligence and intentional.

Wrongful Death Negligence

Negligence is the most common cause of wrongful death. It occurs when someone fails to take necessary action or provide the required care to prevent death from happening. It may be due to their lack of knowledge, skill, or other careless behavior. You may see this in a hospital where a doctor fails to diagnose a condition or makes a mistake in the care they provide.

Intentional Wrongful Death

This kind of wrongful death is done knowingly, with a disregard for the safety of another. For example, in cases of domestic violence or murder. The culprit often has malicious intent and is fully aware of the potential for serious harm or death.

Car Accidents

Car accidents may also result in wrongful death due to the negligent or reckless behavior of a driver. This could be a drunk driver, someone going too fast, or failing to adhere to the rules of the road. All of these could result in a wrongful death suit.

Medical Malpractice

According to The Journal of the American Medical Association (JAMA), it’s reported that about 225,000 people die each year from medical malpractice, demonstrating just how common wrongful death is. It goes to show how common medical malpractice is.

Consequences of Wrongful Death

When a wrongful death has occurred, it’s important to pursue legal action. The family of the deceased will suffer physical, emotional, and financial losses that can be devastating. Wrongful death lawsuits allow them to seek compensation for their losses and hold the guilty party accountable for their actions.

If you or someone you know has suffered the loss of a loved one due to negligence or intentional action, contact a wrongful death attorney as soon as possible. Our legal team at The Law Offices of Steven Zwick has the experience needed to help you get the justice you deserve.