Differences Between Wrongful Death Claims and Other Personal Injury Claims

Lawyer in McHenry County, Personal Injury, Workers Compensation

Wrongful death claims operate relatively like personal injury claims, but they only come into play when the victim has died due to the underlying incident. Personal injury and wrongful death claims can apply to several accidents, most commonly auto, workplace, trucking, motorcycle, medical malpractice, and slip and falls.

Under the law, a personal injury characterizes physical or psychological harm to your person instead of your property. The victim files a personal injury claim personally or by a parent/ guardian on behalf of a minor.

What Are the Variances Between Wrongful Death Claims and Personal Injury Claims?

Both are legal claims based on negligence but differ in certain areas. In a wrongful death lawsuit, the victim of neglect has died; therefore, the “injury” is essentially the injury sustained by the deceased’s estate. Contrarily, in a personal injury claim, the “injury” is an injury suffered by the victim of negligence.

Depending on the situation of the accident, there are differences in the statutes of limitation for personal injury and wrongful death claims. The statute of limitations is the legally set time limit during which you must file a legal claim. If the suit is not filed during the applicable period, the plaintiff will lose their right to seek compensation for injuries and damages.

There are different statutes of limitations for distinct types of accidents and injuries. The standard time limit for filing a personal injury starts from when the accident happened. But, in the case of a wrongful death claim, the statute of limitation starts counting from the date the victim dies.

If an injured person goes on to survive for several weeks or even years with serious injuries but later dies due to those injuries, then the statute of limitations would begin from the date he dies. This is still valid even if the injured victim survives beyond two years but later dies because they sustained injuries from the accident.

Similarities Between Wrongful Death and Personal Injury Claim

Claims for personal injury and wrongful death are similar. Both claims draw similarities from the theory of negligence- when a duty is owed and then breached, there will be a damage claim resulting from the breach. In both actions, someone suffers an injury. As a result of that injury, there are resultant medical bills and other economic inconveniences.

 Despite the many similarities, the two claims are significantly different regarding who can bring an action forward and the areas where compensation may be awarded for.

How To File for a Wrongful death and personal injury claim?

Each state has its wrongful death statute, and the representative can file a case on behalf of the injured or diseased. 

In some states, the family of the deceased may bring two distinct types of claims: a “full value of the life” and a “wrongful death” claim to recover the claims of the dead and a survival claim in the interest of the deceased’s estate for expenses incurred during the funeral, or punitive damages. 

You also need to ensure you have all the paperwork and evidence to support your claim, and that’s where a lawyer comes in.

The Role of Your Attorney in A Wrongful Death or Personal Injury Lawsuit.

Several complications can come up in wrongful death lawsuits and personal injury claims. You should consult with an experienced solicitor before moving forward with your claim.

You can count on the attorneys at FKMA Law, with years of experience helping victims obtain the compensation they deserve.