The phrase 'it was an accident' may be more common in the case of wrongful death lawsuits than anywhere else. A young man was cleaning a gun and did not realize there was still a bullet in the chamber - the gun went off and killed a visitor to his home (a close friend). A young mother fails to stop before hitting a cyclist out for a leisurely ride and well within the lines of the designated bike lane. An elderly man tripped over a yard tool when stopping by a neighbor's house for a friendly visit. He suffered a head injury but failed to seek proper medical attention and died soon after from internal bleeding.
In each of the previously cited cases - the deaths were accidental.
There was no indication that the defendants behaved with malice. However, there was ample evidence of negligence and no heartfelt apology or profuse declaration of lack of intent can undo a death.
Wrongful death lawsuits usually begin with the determination of causation by the wrongful death lawyers handling the case- but it may not require a demonstration of 100% fault on the accused for a case to get filed. Sometimes it is only necessary to prove that there was potential negligence that was a cause of the death for a case to proceed and blame assignation to be made by a judge or jury.
This is then followed with the consideration of compensation - an entirely separate issue with its own requirements. Each state has its own unique laws dealing with wrongful death and it is always best to consult a wrongful death lawyer in the state where the accident occurred as soon as possible after the accident.
Due caution in all matters is often the best preventive measure to avoid the inconsequential phrase - 'it was an accident'.
Greg Baumgartner is a Texas personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping injury victims seek civil justice. For a free no obligation consultation with a Texas wrongful death lawyer call the Baumgartner firm.
