Whether or not your case can be considered wrongful death as opposed to accidental death depends entirely on the details of the accident that caused your loved one’s passing. The most fundamental difference is intent and whether the plaintiff acted negligently or recklessly with the purpose of causing harm. For example, if a person is texting while driving and crosses the median to cause a fatal head-on collision, surviving family members could file a wrongful death lawsuit since distracted driving is a form of negligence. However, if a fatal accident occurs while the driver was following all applicable traffic laws, it may be considered accidental death, making it much harder for surviving family members to have a case.