The Difference Between Personal Injury & Wrongful Death Claims
Despite the fact that both a personal injury claim and a wrongful death claim involves negligence that results in personal harm, they are two very different types of claims. A wrongful death suit and not the same as a personal injury suit.
Both types of lawsuits arise when the negligent, reckless, or intentional actions of someone result in the personal harm of another. After that, they are very different. The main differences between the two types of claims are as follows:
Who Files the Claim
With a personal injury case, the individual who was harmed in the accident would file a claim against whoever was responsible for the negligence that caused the injury.
A wrongful death claim would be filed by the survivors of the victim whose death was a result of the negligence and would be filed against those believed to be responsible for the wrongful death.
Compensation for Damages
A personal injury case would include a claim for compensation to cover damages that resulted from the injury. These would include:
- Medical Expenses
- Lost Wages – Past & Future
- Pain & Suffering
- Punitive Damages
As for a wrongful death claim, the compensation for damages would typically include:
- Medical Expenses Incurred Prior to Death
- Funeral Costs
- Loss of Future Earnings
- Loss of Care, Comfort, & Companionship
- Financial Support
Get Assistance With Your Personal Injury Case in New Port Richey, Florida
If you’ve been involved in an accident or aren’t sure whether your case is a personal injury case or wrongful death, you should reach out to an experienced attorney for guidance.