People often confuse wrongful death claims and personal injury claims, or assume that they are one and the same. However, while the two do share similar characteristics, they are two distinct and different legal actions and are used during differing circumstances. If you require compensation and damages after an injury or death, understanding the differences between these two claims is crucial. Reach out to an experienced San Mateo County, California motor vehicle accident lawyer.
What are Personal Injury Claims?
A personal injury claim is a legal action filed by an individual who sustained an injury and damage due to the negligence or wrongful conduct of another party. These claims can be used in a variety of situations including car accidents, slip and falls, and medical malpractice. The person filing the claim is attempting to collect compensation for the harm they suffered.
What is a Wrongful Death Claim?
On the other hand, a wrongful death claim is a legal action filed when an individual dies as a result of the negligence, wrongful conduct, or intentional harm of another person. These claims are filed by surviving family members who have suffered financial and emotional harm due to the loss of their loved one.
Are Wrongful Death and Personal Injury Claims the Same Thing?
No, wrongful death claims and personal injury claims are not the same. Although they are both actions that allow victims to pursue financial compensation for both financial and physical suffering, they are characterized by key differences including the following.
Nature of the claim
One of the most significant differences between a personal injury claim and a wrongful death claim is the nature of the injuries and the situation that is being compensated. Personal injury cases involve non-fatal injuries and aim to help the injured party recover and get back to their daily life. Wrongful death claims involve fatal injuries that resulted in the victim’s death and are designed to help the surviving family recover emotionally and financially from the loss of their relative.
The plaintiff
In a personal injury claim, the plaintiff, or the person who files the lawsuit, is the injured party who was harmed because of the defendant’s actions. In contrast, the victim of a wrongful death claim is no longer alive and therefore cannot act as the plaintiff. Instead, that role will be filled by a family member, lawyer, or representative of the deceased’s estate.
Damages
The damages being sought after in a personal injury claim are generally designed to compensate the victim for their physical injuries, medical expenses, lost income, pain and suffering, and emotional distress caused by the ailment. The damages in a wrongful death claim are to compensate the surviving family for the loss of their loved one, loss of companionship, loss of financial support, funeral expenses, burial costs, and more.
To learn more about your legal options after an accident, reach out to a skilled personal injury lawyer today.
