Personal Injury Attorney | Negligence vs Intentional Act

If you have the unfortunate misery of losing a family member in an accident, then you might have a wrongful death case on your hand, in which case you might need to call a personal injury attorney. While no amount of money can bring the loved one back, the legal system does its best to recognize the gravity of the loss by providing individuals with a civil remedy. A good personal injury attorney will tell you that there are a few different claims that you might make when you’ve lost someone. Personal injury attorneys might persuade you to file a claim of negligence against a defending party. In some cases, your wrongful death claim might be the result of an intentional act. Understanding the difference between these two things is critical.

Understanding negligence in the wrongful death context
The personal injury attorneys at Clekis Law Firm can tell clients all about negligence in the context of wrongful death. Negligence refers to a person failing in their duty of reasonable care, with that failure being the proximate cause of an individual’s death. Put more simply, if a person acts unreasonably and that unreasonableness leads to the death of a loved one, then clients could potentially have a claim for negligence. It is not necessary that the defendant intend to harm the person. The defendant’s inability to act reasonably can lead to a lawsuit for wrongful death.

Intentional wrongful death
In some cases, the death of a loved one might be the result of a person’s intentional act. While a negligent wrongful death claim might arise if a person was killed in a car accident where a driver was going over the speed limit, an intentional wrongful death claim might arise if a person died after an attack by an assailant. All that is necessary for an intentional wrongful death claim is that the person responsible acted in an intentional way, which led to the death of a loved one. In many cases, intentional wrongful death claims will accompany criminal charges for the person responsible. It is not necessary that the person be charged with murder, however. Even if the person did not intend to kill a loved one, the person’s intentional act can still lead to a wrongful death claim.

A good personal injury attorney can help clients understand the critical distinction in these cases. Beyond that, a good personal injury attorney can help their clients understand whether they have a claim while offering advice on how to proceed with the claim.