Wrongful Death vs Personal Injury Claims

Wrongful Death vs Personal Injury Claims

While both types of lawsuits fall under the broader umbrella of tort law and typically stem from negligence or intentional misconduct, the differences between wrongful death and personal injury cases carry significant legal implications. Due to varying details and legal approaches, understanding the differences between the two is crucial for families and injury victims seeking justice.

Wrongful Death Cases

A wrongful death case arises when a person dies due to the negligence, recklessness, or intentional act of another party. This kind of lawsuit is brought on behalf of the deceased by a personal representative of the estate and/ or surviving family members, depending on the state. The primary purpose of a wrongful death lawsuit is to provide compensation for the losses suffered by the deceased person’s loved ones. These may include loss of financial support, loss of services and voluntary assistance, and loss of parental care and guidance.

Key Elements:Wrongful Death vs Personal Injury Claims

  • A person died due to a wrongful act.
  • The death has caused measurable damage to surviving family members.
  • A personal representative or authorized individual must initiate the claim.

Who Can File?

Only specific individuals can file a wrongful death claim, and this varies by state. Typically, those eligible include surviving family members (Spouse, Children, Parents), or a personal representative of the estate.

The Importance of the Statute of Limitations

The statute of limitations (how long you have to open a case) varies between types of cases. In most states, this ranges from one to three years from the date of the loved one’s death. In New York, it is two years from the date of death. It is essential to consult a wrongful death attorney to understand the deadlines and legal procedures involved.

Personal Injury Claims

Unlike a wrongful death claim, a personal injury claim is filed when a person is injured but survives the incident. The injured individual, also known as the plaintiff, seeks compensation for the harm suffered.

Personal injury cases include:

Can You File Both a Personal Injury and a Wrongful Death Claim?

In some cases, a personal injury claim may be filed first if the injured person survived for a time before dying. Once they pass away, the claim may evolve into a wrongful death lawsuit. Complex situations like this underscore the importance of legal aid early in the process of personal injury and wrongful death cases.

Key Differences

  1. The Victim
  1. Types of Damages
  • In personal injury cases, the focus is on recovering medical expenses, lost wages, pain, and suffering.
  • Wrongful death cases center around tangible, financial losses that the surviving members of the family or estate have suffered due to the death such as loss of services or loss of financial support.
  1. Legal Process of Wrongful Death vs Personal Injury Claims

Personal injury lawyers can focus on the victim’s recovery while a wrongful death lawyer navigates the emotional and financial needs of grieving families. As the legal approach and focus differ in each type of case, hiring an experienced attorney is important.

  1. Statute of Limitations

Personal injury cases may have different deadlines compared to wrongful death cases. The statute of limitations is usually triggered by the date of injury or the date of the deceased’s death.

Important Reminders

  1. Wrongful Death vs. Personal Injury: Know who the victim is and who can file the claim.
  2. Compensation Varies: Damages differ between the two claim types.
  3. Statute of Limitations Matters: Don’t delay. Your right to legal action has a deadline.
  4. Legal help is crucial: Both types of claims benefit from expert guidance.

What Makes KDLM Different? Wrongful Death vs Personal Injury Claims

At KDLM, our team of seasoned injury and wrongful death attorneys brings compassion, precision, and tireless advocacy to every case. Whether it’s a personal injury case or a wrongful death action, we offer strategic case evaluation, thorough evidence review, direct access to your attorney, and transparent communication.