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What Is an Accidental Death Called in Legal Terms - morgan and morgan
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What Is an Accidental Death Called in Legal Terms?

What Is an Accidental Death Called in Legal Terms?

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What Is an Accidental Death Called in Legal Terms?

Accidental deaths occur when someone dies in an unnatural but unintentional way. Any death resulting from an accident qualifies. 

Legal issues surrounding accidental deaths can be complex. What is an accident death called in legal terms? Read on to find out. 

An accidental death can result from many different sets of circumstances. Some of the most common scenarios resulting in accidental deaths include traffic accidents, slip and falls, and more. 

When you have lost a loved one from an accident or injury, do not wait. In some cases, the decedent’s surviving family members can pursue financial compensation for their costs, losses, and emotional pain. 

A skilled legal professional can help you pursue an accidental death claim. Do not settle for less than the best legal representation when you have lost a loved one. 

The knowledgeable attorneys at Morgan & Morgan have decades of experience representing clients in accidental death claims. When you are wondering, “What is an accidental death called in legal terms?” speak with one of our representatives. 

You should not bear the costs and losses from the death of a loved one alone. Let the accomplished team at our firm fight tirelessly to get justice for you. For a no-cost legal consultation, complete the simple contact form on the Morgan & Morgan website as soon as possible.

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  • What Qualifies as an Accidental Death?

    Accidental death happens when someone loses their life from anything other than natural causes. The phrase “natural causes” typically refers to old age and disease. 

    However, not every unnatural death qualifies as “accidental.” For instance, some unnatural deaths are the result of malicious actions on the part of another person.  

    Intentional suicides and homicides are not natural deaths, but they do not qualify as “accidental.” What is an accidental death called in legal terms? It will depend on the circumstances of the person’s death. 

    In some cases, the victim dies because of the actions of another person, but the loss is accidental. For instance, consider an accidental weapon wound. 

    These fatal wounds do not involve malicious intent but may still involve the actions of another person. Some of the other most common examples of events resulting in accidental death include: 

    • Car accidents
    • Truck accidents
    • Motorcycle collisions
    • Pedestrian accidents
    • Drownings
    • Bicycle collisions
    • Fatal head trauma
    • Work-related and employment injuries
    • Train derailments
    • Commercial and freight traffic collisions
    • And more 

    No matter what the cause of the accidental death, the victim’s estate holders should speak with a lawyer. The compassionate attorneys at Morgan & Morgan understand the difficulty that surviving family members face. 

    Because of this, we will gladly review the facts of your case and help you pursue the compensation that is rightfully yours. Do not let negligent parties go unaccountable for the immense harm that they have caused.

  • Is “Accidental Death” a Precise Legal Term?

    In many instances, “accident” does not have a precise legal definition. It typically involves many types of mishaps. 

    What is an accidental death called in legal terms? There are many potential answers to this question, depending on the circumstances. 

    In certain cases, the idea of an “accidental death” may have legal significance. This is especially true in relation to insurance claims or civil disputes. 

    In the context of insurance policies, “accidental deaths” may also be considered “acts of God.” These are events that no person could have prevented or caused.  

    Deaths from natural disasters fall into this category. These include fatalities caused by: 

    • Tornadoes
    • Hurricanes
    • Fires
    • Tidal waves
    • Ice storms
    • And more 

    Accident insurance policies are intended to cover harms and losses from acts of God, like these. These policies do not cover the damage from intentional actions.  

    In every case, the entirety of the circumstances will be considered to decide whether a death is “accidental.” If you believe that you are owed compensation for the death of a loved one, do not hesitate. 

    Contacting a knowledgeable accidental death attorney will give you the best chance of securing a positive outcome in your case. The estate holders of deceased victims have the right to pursue financial recovery for the associated costs and losses. 

    So what is an accidental death called in legal terms? If negligence is involved, it may be grounds for a “wrongful death” case.

  • What Is a “Wrongful Death” Claim?

    A wrongful death occurs when a person dies because of the careless or negligent actions of another. When this happens, the decedent’s survivors may be able to recover compensation for the damages that they suffered. 

    Every state in the U.S. has wrongful death laws in place. When you have lost a loved one because of another person’s negligence, contact an attorney. 

    Individual people are not the only possible defendants in wrongful death cases. In some instances, private companies or government agencies may be to blame for someone’s death. 

    What is an accidental death called in legal terms when it involves negligence? The answer is “wrongful death.”

    Negligence in Wrongful Death Cases

    To successfully recover compensation through a wrongful death claim, the plaintiff needs to prove that the other party behaved “negligently.” The legal concept of “negligence” typically involves four elements.  

    In these cases, the claimant must prove the following: 

    • The defendant owed the plaintiff a duty of care
    • The defendant breached their duty of care
    • The breach of duty was the cause of the harm
    • The plaintiff sustained actual harm 

    In a wrongful death case, the harm in question will be the death of the victim. The claimant must show that the defendant’s breach of duty led to the death of their loved one. 

    Suppose that a driver maneuvered in a reckless way and caused an accident resulting in a fatality. Drivers have a duty to operate their vehicles in a reasonably safe and legal manner. 

    Those who drive recklessly have failed to fulfill this duty of care. When someone’s careless driving causes another person to die, they can be held legally accountable through a tort claim. 

    The skilled legal experts at Morgan & Morgan have the skills and specialized knowledge to build a powerful wrongful death claim. If you have lost someone that you love, contact our firm as soon as possible. 

  • Who Can File a Wrongful Death Claim?

    Those who are permitted to file a wrongful death claim are known as the “real parties in interest.” The claimant must be a representative of the survivors who have suffered damage as the result of the death. 

    Different states have various regulations regarding who can file a wrongful death lawsuit. All states permit immediate family members to file this type of claim. 

    Immediate family members include: 

    • Children
    • Spouses
    • Adopted children
    • Parents 

    Also, financial dependents and life partners are permitted to file a wrongful death claim in certain states. To understand the regulations in your area, speak with an accomplished wrongful death attorney. 

    In many states, anyone who sustains financial harm from the death of the victim may file a claim on their behalf. There are many types of harm that can result from a wrongful death. 

  • Common Examples of Damages in Wrongful Death Cases

    Wrongful death cases function very similarly to other types of tort or personal injury cases. The claimant has the option to seek financial recovery that the victim would have been owed if they had survived. 

    The term “damages” refers to the monetary payments that are provided to the claimant by the defendant in a successful tort claim. Some of the most typical examples of damages in wrongful death cases include:

    Medical Care Expenses

    • If the deceased individual received medical treatment and care because of their injuries, their survivors can pursue compensation for these costs.  
    • Medical expenses include: 
    • Emergency room costs
    • Medical transportation–including ambulance rides
    • Prescription medication costs
    • Surgeries
    • And more 

    No matter what types of medical care the victim received before their death, their surviving family can pursue compensation for those financial losses.

    Pain and Suffering

    The claimant in a wrongful death case can pursue financial recovery for their own pain and suffering, as well as the suffering of the victim. Victims in fatal accidents often suffer physical pain before their death. 

    Additionally, the friends and family members of the decedent will experience severe emotional distress as a result of the loss. Speaking with an attorney will ensure that you recover all the compensation that you are due.

    Burial and Funeral Expenses

    U.S. funerals often come with a large price tag. Funeral and burial costs often result in skyrocketing financial obligations for the decedent’s survivors. 

    Through a successful wrongful death claim, the victim’s estate holder can recover compensation for these expenses. The family of the decedent should not face excessive costs for laying their loved one to rest.

    Loss of Wages and Income

    When someone dies in an accident, it may place a heavy financial burden on their family. Children and spouses of the victim may seek compensation for the loss of the decedent’s future wages.

    This type of payment helps to financially support those who relied on the income of the deceased. When you contact a skilled wrongful death attorney, they will examine your case and help build a powerful claim for you.

  • What Are Punitive Damages in an Accidental Death Case?

    In most accidental death cases, the victim’s estate holder can seek compensatory damages. These payments are intended to compensate for actual losses resulting from the death. 

    However, sometimes claimants can collect “punitive” damages. This type of payment is meant to punish the person who is responsible for the accident, injury, or wrongful death. 

    This category of damages is rarely awarded in accidental death cases. Still, it is vital to consult with a tort attorney about the value of your wrongful death case.

  • Let Morgan & Morgan Represent You

    When you need an accomplished legal team to fight for you, contact America’s largest tort law firm, Morgan & Morgan. Since our founding in 1988, we have won and successfully settled more than a million cases.  

    We have the skills and knowledge to effectively represent the family members of wrongful death victims. Do not settle for less than the highest quality legal representation. 

    Our compassionate attorneys will gladly provide you with a free consultation, with no obligation to hire us. Complete the simple contact form on the Morgan & Morgan website to schedule your free case evaluation today.

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Last updated on May 03, 2023

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