Understanding the Difference Between Wrongful Death and Negligence
When tragedy strikes due to the actions of another, understanding the legal terminology can be overwhelming. Two terms that often come up in such situations are “wrongful death” and “negligence.” While these concepts are related, they are not the same. If you’ve lost a loved one due to someone else’s actions, understanding the distinction between wrongful death and negligence is crucial in seeking justice. At Viscosi Law, we are committed to helping you navigate these complex legal waters, ensuring that you receive the compensation you deserve.
What is Wrongful Death?
Wrongful death refers to a legal claim that arises when someone dies due to the wrongful actions or negligence of another person or entity. This is not a criminal case but a civil claim brought by the deceased person’s surviving family members or representatives. The goal is to secure financial compensation for the losses suffered as a result of the death, which may include medical expenses, funeral costs, lost income, and loss of companionship.
Examples of Wrongful Death
Wrongful death claims can stem from various circumstances, including:
- Medical Malpractice: When a healthcare provider’s negligence leads to a patient’s death.
- Car Accidents: Fatal accidents caused by reckless or negligent driving.
- Defective Products: Deaths resulting from malfunctioning products, such as faulty medical devices or automobiles.
- Workplace Accidents: Fatal injuries sustained due to unsafe working conditions or lack of proper safety measures.
In New York, the family of the deceased must prove that the death was directly caused by another party’s actions and that these actions would have been considered negligent even if the person had not died. This evidence is critical in securing the compensation needed to cover the family’s financial and emotional losses.
What is Negligence?
Negligence is a legal concept that refers to a person’s failure to exercise reasonable care, resulting in harm or injury to another. In simpler terms, it is the failure to act as a reasonable person would under similar circumstances. Negligence can occur through an action or an omission (failure to act), and it often serves as the foundation for a wrongful death claim.
The Four Types of Negligence
Understanding the different forms of negligence is crucial in identifying whether a wrongful death claim is viable:
- Gross Negligence: This occurs when an individual’s actions are so reckless that they show a blatant disregard for the safety of others. It goes beyond mere carelessness and indicates a willful disregard for others’ well-being.
- Comparative Negligence: In this scenario, fault is shared between the parties involved. The compensation awarded is reduced based on the plaintiff’s percentage of fault.
- Contributory Negligence: Here, the plaintiff is partially responsible for their own harm. In some jurisdictions, if the plaintiff is found to be even slightly at fault, they may be barred from recovering any damages.
- Vicarious Negligence: This type occurs when an employer is held liable for the negligent actions of their employee, provided the employee was acting within the scope of their employment at the time of the incident.
Is Wrongful Death the Same as Negligence?
While wrongful death and negligence are closely related, they are not the same. Negligence is often a key component in a wrongful death case, as it establishes that the defendant’s actions were unreasonable and directly caused the death. However, wrongful death is the legal claim that arises from this negligence, allowing the deceased’s family to seek compensation.
To illustrate, consider a car accident caused by a drunk driver. The driver’s act of driving under the influence constitutes negligence. If this negligence results in someone’s death, the surviving family members can file a wrongful death claim. Thus, while negligence is the underlying cause, wrongful death is the legal action taken to address the consequences of that negligence.
Viscosi Law: Your Ally in Wrongful Death Cases
At Viscosi Law, we understand the profound impact that a wrongful death can have on a family. Our experienced attorneys are dedicated to helping you through this difficult time, providing the legal support and representation you need to secure the compensation you deserve.
Meet Michael Viscosi, Esq.
Michael Viscosi, Esq., is a seasoned attorney with a wealth of experience in both civil and criminal law. Before becoming an attorney, Mr. Viscosi served honorably in the United States Coast Guard and gained valuable experience working with the United States Attorney’s Office and the New York State Attorney General Consumer Fraud and Protection Bureau. As a defense attorney, he applies the lessons learned from his service to zealously represent individuals in a wide range of cases, including wrongful death claims.
The Legal Process of Filing a Wrongful Death Claim
Understanding the steps involved in filing a wrongful death claim is crucial for surviving family members. The process typically involves:
- Investigation: Gathering evidence to prove that the defendant’s actions directly caused the death.
- Filing the Claim: Submitting a legal complaint to the court outlining the details of the case.
- Settlement Negotiations: Often, cases are settled out of court. However, if a fair settlement cannot be reached, the case may go to trial.
At Viscosi Law, we guide you through each step, ensuring that your case is handled with the utmost care and professionalism.
Common Defenses in Wrongful Death Cases
Defendants in wrongful death cases may present various defenses, such as:
- Contributory Negligence: Arguing that the deceased was partially responsible for their own death.
- Assumption of Risk: Claiming that the deceased knowingly engaged in a dangerous activity that led to their death.
Our attorneys at Viscosi Law are skilled at countering these defenses, ensuring that you have the best possible chance of a successful outcome.
The Importance of Timing in Wrongful Death Cases
In New York, there is a statute of limitations for filing wrongful death claims, typically two years from the date of death. Failing to file within this period can result in the loss of your right to seek compensation. This makes it essential to act quickly and consult with an experienced attorney as soon as possible.
Seek Justice with Viscosi Law
Losing a loved one due to someone else’s negligence is a devastating experience, but you don’t have to navigate the legal process alone. At Viscosi Law, we are committed to providing compassionate and effective legal representation to help you seek justice and fair compensation.
Contact Viscosi Law today to schedule a free consultation with Michael Viscosi, Esq., and learn more about how we can help you through this challenging time. Call us at +1 (518) 762-0011 or visit our website at Viscosi Law. Let us help you hold the responsible parties accountable and secure the compensation you deserve.
The difference between wrongful death and negligence is more than just a matter of terminology—it can determine the course of your legal action and the compensation you may receive. At Viscosi Law, we are here to help you understand your rights and guide you through the complex legal process. If you believe that your loved one’s death was the result of negligence, don’t hesitate to reach out to us. We are dedicated to helping you find justice and closure during this difficult time.
