Did you recently lose someone close to you in a preventable accident? If so, you might have heard terms like “negligence” or “wrongful death” and felt unsure about what they mean or how they might apply to your situation. The difference matters because it can affect what type of claim you file, the evidence you need, and the compensation you can recover. Here’s what you need to know about these terms.
What Is Negligence?
In everyday speech, the term “negligence” is basically a synonym for “carelessness.” However, this word has a specific meaning in the context of personal injury law. The legal definition of negligence is the failure to act with the level of care that a reasonable person would use in a given situation. This might involve doing something that causes harm or failing to take action to prevent harm. In a legal case, a person might be considered negligent if they acted in a way that others would consider unreasonable, and someone else suffered harm as a result.
The Elements of Negligence
You must prove four key elements to prove negligence in a personal injury or wrongful death claim. Each of these elements works together to show that the other party’s actions or inaction caused the harm:
- Duty of Care: The other party must have had a legal obligation to act in a certain way toward the injured person. For example, motorists have a duty to follow traffic laws and drive safely.
- Breach of Duty: The other party must have failed to meet that duty by acting carelessly or by failing to act when they should have.
- Causation: The other party’s breach of duty must have directly caused the injury or death. This means you must show a clear link between the other party’s conduct and the resulting harm.
- Damages: The injured party must have suffered measurable losses as a result of the harm. This might include medical costs, income losses, or other impacts on the person or their family.
What Is a Wrongful Death?
A wrongful death is a death that results from another party’s actions or failure to act. If someone dies in this way, Pennsylvania law permits certain relatives, such as spouses, children, or parents, to recover monetary compensation from a wrongful death claim. This compensation aims to address the losses the family experiences as a result of the death, such as funeral costs, lost income, and the value of the person’s companionship and guidance.
How Negligence Can Relate to Wrongful Death
Negligence can contribute to a wrongful death if someone’s careless actions or inaction cause a fatal injury. For example, a driver who ignores traffic signals and causes a fatal crash might be considered negligent and held liable for wrongful death.
Many wrongful death claims in Pennsylvania involve negligence, but not all do. Some wrongful deaths happen because of reckless behavior or intentional malice. Recklessness differs from negligence because it involves knowingly taking a substantial and unjustifiable risk that is likely to cause harm rather than simply being inattentive or careless. Intentional malice occurs when someone acts deliberately with the purpose of causing harm.
Why Legal Representation Matters in Cases Involving Negligence and Wrongful Death
If you attempt to handle a negligence claim or wrongful death claim without legal guidance, you could unknowingly make serious mistakes that hurt your case. For instance, you might miss filing deadlines, overlook important evidence, or accept a payout that’s far lower than what you deserve. An attorney can help you by investigating the facts, collecting the right evidence, and calculating the full value of your claim. They can also handle negotiations and present a strong case in court if necessary.
Contact a Wrongful Death Lawyer in Pennsylvania
If you believe you have a negligence claim or wrongful death case in Pennsylvania, SMT Legal can help. Contact us today to get started with your free consultation. Our experienced attorneys can explain your legal options and help you make informed decisions.
