Wrongful Death Can Be Caused By Wrongful Acts
Brian O Sutter
Wrongful Death
The unexpected loss of someone close to us can, unfortunately, happen in numerous ways in the blink of an eye. Beyond the random, unavoidable occurrences, such as a severe illness, or loss due to some extreme environmental catastrophe like an earthquake or a hurricane, there are plenty of more down-to-earth situations that result in the loss of life. Wrongful death is, sadly, one of those instances. Wrongful death is when the surviving family members of someone who has died realize that someone else was responsible for a death that was otherwise preventable and decide to go to court. In many cases, wrongful death is usually about negligence, which means that a defendant is being taken to court because that person, group or business had a basic responsibility they were expected to perform, and failed to exercise that responsibility, which resulted in death.
But there is another instance in which wrongful death can occur, and a personal injury lawyer would be required for a court case. This is known as a “wrongful act.”
Not An Accident
In Florida, a wrongful act is legally interpreted as an intentional act to damage a person either physically or emotionally. This does not take into account the severity of the act, merely the intent. However, it means that many actions that might still be interpreted as accidental could certainly fall under this category.
For example, pushing someone into a pool without knowing that the person can’t swim, and then having that person drown as a result is definitely a wrongful act. There’s nothing negligent about this particular action, that would require the person doing nothing, and that inaction causing the victim to fall into the pool. In this case, the intent was to deliberately push the person into the pool, and, at minimum, cause some surprise and discomfort.
Another example of a wrongful act would be a teen pointing a gun at another teen, thinking the gun was not loaded, but pulling the trigger anyway, only to find that the gun was loaded after all. There can be an argument about negligence on the part of the parents who should have kept the gun stored away safely. But there’s no denying that the teenager in this situation should not have been pointing the gun and pulling the trigger. The other teen would not have been shot otherwise, so it was not negligence, so much as a wrongful act that caused this death.
Two Court Cases
In some cases, a wrongful death can also be a criminal act. This is often what happens in vehicular accidents where drunk driving is involved. In these instances, not only is drunk driving itself considered a criminal act which can be punished with a jail sentence, but the death of others in the vehicular accident can also be interpreted as vehicular manslaughter, depending on the circumstances, which is also a criminal act. On top of this, wrongful death can still apply, with a civil case and lawsuit.
If you’ve lost someone due to a wrongful act, get a lawyer experienced in wrongful death cases on your side. It’s the fastest way to get the resolution and closure you need.