Accidental Death is death arising from accident. It is said to be unplanned and incidental. Although it excludes several instances like war, illegal activities, life threatening and hazardous activities. The need to have an Accidental Death Law is essential because death declared by accident has other legal implications. One of which is debts, which eventually becomes null and void for some contracts.
Once a person is declared to suffer from accidental death, the existing debt will be considered paid off. The most critical consequence of accidental death is insurance. Most life insurances awards a significant amount of money to the bereaved family members once accidental debt is established.
The declaration of Accidental Death is dependent upon the Accidental Death Law. The contents of the law tend to vary across states or even countries. However, the law has common denominators or requirements regardless of location. Here are a few common conditions stated in most Accidental Death Law.
Death arising from Transportation Accidents are said to be part of accidental deaths. However, there is a need to establish that the person who died did not intentionally cause the transportation death. Police reports will come in as a requirement.
Death caused by Misadventure is another source of Accidental Death. Misadventure include murder, work related accident and fatal related events are clustered under this case. Similar to transportation related death, reports from accredited authorities are required to declare the accidental death.
Wrongful death is when some sort of wrongdoing has taken place and caused death. For this type of accidental death, it is advised that you seek a wrongful death lawyer in Florida to aid you in seeking compensation for your loss even though no amount of monetary compensation can possibly replace the death of a loved one. The idea is to make sure that the family is not burdened financially on top of the already devastating loss of life.
By definition, it is easy to differentiate Accidental Death from other forms. In actual practice though, there are contentions involved with it. In the case of car accidents, failure to see hazardous road signs, inability of the government to provide good roads, failure to check the car’s condition and pursuing to drive in a road that is said to be accident prone. These will be examined before declaring Accidental Death.
Additional factors also include the existing health condition of the person who died from the accident. Is the person carrying a fatal and dreaded disease? If such is the case, the probability that the death will be declared by accident can be lessened. A person who is carrying a disease has the propensity to suffer from accidents. For those with insurance, this can be considered as an excluding factor to reap benefits. There have been reported cases that persons carrying dreaded diseases tend to induce the death to benefit the bereaved family. In some worst situations, the bereaved family members will propel death so as to hasten the financial gains from the accidental death. These factors are scrutinized by the Accidental Death Law. It should be established that the death is caused by accident and not intentionally induced by some other external and intentional force.
In some cases, the need to have a legal counsel may arise from accidental death. This will be needed when the death involves a number of factors. If there is a doubt about the nature of the accident. If there is a possibility that death was induced. These factors have to be established before the declaration of accidental death.