The death of a loved one can be very difficult and confusing, especially when caused by the wrongdoing of another person. Though seeking compensation for wrongful death is possible, there are a number of legal issues that need to be resolved, including the issue of negligence. Take a closer look at what negligence is and how it applies to personal injury cases, including wrongful death. Consult an experienced personal injury attorney if you believe you have grounds for a case and would like to pursue compensation.
- How is negligence defined? In everyday language, negligence may be synonymous with carelessness or ignorance. But in the legal world, negligence means something very different. In personal injury cases, negligence describes conduct or care that fails to meet the recognized standards or regulations. By this definition, a person may be guilty of negligence while being fully aware of his or her behaviors and actions.
- How is negligence determined? Establishing negligence in a personal injury case is extremely important because it helps to establish liability for the injury. For example, if you fell and broke your leg because an employee at a grocery store failed to dry a wet floor or post signs, then a judge may determine this was negligent behavior—regardless of whether the employee knew of the spill.
- How does negligence apply to wrongful deaths? In wrongful death cases, negligence is central to establishing liability for the death. Wrongful death claims are made when a person is believed to have died because of the negligence of others. For example, if a family member dies as a result a car accident caused by another driver, then you may be able to make a wrongful death claim. Similarly, if a patient dies due to a doctor’s inadequate or improper care, then a wrongful death claim may be made in conjunction to a medical malpractice claim.
If you believe you have a wrongful death claim, then contact the attorneys at Sussman & Simcox. We specialize in all types of personal injury cases, including auto accidents, wrongful death, medical malpractice, and more. Call (301) 840-0404 today to speak to an attorney.
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