Is a Personal Injury Claim the Same as a Wrongful Death Claim?

Is a Personal Injury Claim the Same as a Wrongful Death Claim?

No, personal injury claims are not the same as wrongful death claims. While both involve legal action and compensation for harm caused to one person by another, there are many distinct differences. Understanding these differences can help individuals involved in this type of legal action determine what their needs are and navigate the case more effectively.

A personal injury claim may arise after an individual sustains an injury caused by another person’s negligence, recklessness, or purposeful action. They may seek compensation for the expenses they have incurred as a result of the injury.

A wrongful death claim may arise, however, after someone is killed due to another person’s negligent, reckless, or intentional behavior. In this situation, a representative of the departed attempts to recover compensation for financial and emotional losses associated with the death.

What Are the Differences Between a Personal Injury Case and a Wrongful Death Case?

There are key differences between personal injury cases and wrongful death cases, starting with the parties involved. In a personal injury case, the injured individual is the plaintiff and is filing the lawsuit to seek compensation for themselves. In a wrongful death case, however, the victim is no longer alive. A family member or a representative of the deceased will be the plaintiff and seek compensation on their behalf and for the loss of their loved one.

The focus of damages in a personal injury case is mainly on losses the injured party sustained and the actual harm that they endured. This can include compensation for physical pain and suffering, medical treatment, lost wages, and other losses both tangible and intangible. In a wrongful death claim, damages primarily address the loss that the family experienced as a result of their loved one dying. These damages include funeral expenses, burial costs, the loss of companionship, loss of financial support, loss of guidance, emotional distress, and more.

If you were personally injured as a result of another person’s negligence or reckless behavior and you sustained real losses and damage, you should file a personal injury claim against the liable party to recover financial compensation for your associated costs. However, if you lost a loved one to another person’s wrongful actions, you should consult with an attorney to learn how you can file a wrongful death claim and recover compensation for the financial and emotional damages of their passing. Contact a skilled lawyer today for more information.