Is Wrongful Death the Same as Negligence?

If your loved one passed away in an accident that was another person’s fault, you may be exploring the concept of wrongful death. Unfamiliar terms like “negligence” may arise in your search, complicating your understanding of this concept. 

What is wrongful death, and is it the same as negligence? Learn the differences between these terms and how they apply to your case. Then, contact a Kansas City wrongful death attorney for assistance in seeking compensation. 

What Is Negligence? 

Negligence is a legal concept referring to the failure to take reasonable care to prevent harm to another person. Even if someone did not purposefully cause an accident, they can still be responsible for it. Negligence allows a party to be held liable for another person’s injuries or other economic damages, regardless of their intentions. 

Proving negligence involves four main components: 

• Duty of care: The other party owed you a duty of care. 
• Breach of duty: The other party breached their duty of care. 
• Causation: An accident arose due to the breach.
• Damages: The plaintiff suffered damages in the accident. 

Examples of negligence in accidents include: 

• A driver who caused a car accident
• A business owner who failed to place a wet floor sign, leading to a slip-and-fall accident
• A surgeon who caused an injury to a patient
• A manufacturer that released a faulty product, leading to a malfunction that caused an injury
• A property owner who neglected to remove a hazard that caused an injury

The Role of Negligence in Wrongful Death 

So, what is wrongful death in the context of negligence? Wrongful death is a civil action that arises when someone dies due to the legal fault of another person. That legal fault can be negligence or intentional acts. 

To build a successful wrongful death claim when the death was not intentional, you will need to prove all of the above elements of negligence. But instead of proving that the defendant’s actions led to damages, you will need to specifically prove that their negligence directly contributed to your loved one’s death. 

In some cases, the lines between negligence and intentional acts can seem blurred. If someone was acting recklessly when they caused your loved one’s death, their actions may still be seen as negligence, but you will have the right to seek punitive damages as well. These punish the at-fault party for their wrongful behavior and are also available in cases involving intentional actions. 

Legal Requirements for Wrongful Death Cases in Kansas

Along with being able to prove a party’s negligence, you’ll also need to meet a few basic requirements to claim wrongful death in Kansas. 

• Be an heir to the decedent’s estate. A person’s descendants, spouse, parents, or siblings can file for survivors’ compensation.
• Meet the statute of limitations. Kansas has a two-year statute of limitations for wrongful death claims. 

Seek Legal Assistance With Wrongful Death 

What is wrongful death? Choosing a wrongful death lawyer in Kansas with experience and passion can help you answer this question and navigate your case effectively. Contact Larry Wall Trial Law today at 316-265-6000 for a free legal consultation.