Fatal Accidents

Fatal accidents are types of accidents or mishapsresulting in the death of one or more people involved in the accident in question. Recent studies show that within the United States, the rate of fatal deaths exceeds 105,000 annually.

What Constitutes a Fatal Accident?

Due to the fact that all fatal accidents end in the termination of life, the duration of time prior to death can vary between sudden death andeventual death; however, an accident that ends in death is always classified as a fatal accident. The ambiguity in claims involving fatal accidents reveals itself in cases where conditions, injuries, and damages resulting from the accident in question must be proven to be contributory to an individual’s death. The following is an example of the contrast between these two types of fatal accident:
Sudden Death: During a routine construction, a construction worker falls from scaffolding and dies immediately upon impact. The assessment of the fatal accident claim reveals that the injuries suffered by the worker as a result of the fall were directly responsible for the fatality
Eventual Death: During a routine construction project, a construction worker falls from scaffolding and sustains severe brain injury. Three weeks following the accident – while in the care of a hospital – the injured construction worker experiences an aneurysm and dies suddenly. In this case, the fall sustained by the construction worker must be directly contributory to the death of the construction worker; in the event that the aneurysm can be related to the fall, only then can the fall be classified as a fatal accident.

Liability and Classification of Fatal Accidents

Regardless of the expressed intent of those involved in a fatal accident – both with regard to the victim and the responsible party – a fatal accident is most commonly classified as accidental in nature. However, there do exist instances in which damage and injury sustained by the victim takes place as a result of direct contact from the responsible party.  As a result, the delineation between involuntary manslaughter – a fatal accident claim – and murder – a criminal offense – is expressly rooted in the intent of the responsible party. The following are examples of fatal accidents due to the lack of provable malice and/or intent:
•    Death as a result of DUI and/or DWI
•    Accidental death as a result of ‘play-fighting’
•    Accidental death as a result of unknowingly ingesting a harmful substance – unbeknownst neither to the victim nor the responsible party

Fatal Accident Claims

The parameters employed to determine fault and establish liability in a fatal accident claim will vary on an individual basis and in conjunction with the all parties involved, such as the individual role(s), action(s), and behavior(s) assumed within the scope of the fatal accident in question; the completion of all documentation in regards to a fatal accident claim should be completed to the fullest extent - in a meticulous fashion. In the event that an individual experiences difficulty understanding the circumstances and procedures involving the filing of a fatal accident claim, they are encouraged to consult an attorney specializing in fatal accident, personal injury, liability, accidents, and insurance law.