When someone sustains harm in an accident or attack, there are several legal options that can provide compensation for damages associated with the situation. The type of legal action that should be filed will vary depending on the details of the circumstances including who was injured and the damages sustained. Understanding the difference between wrongful death claims and personal injury claims is important to ensure you explore all of your options and take the route that makes the most sense for your situation. For additional information and to obtain legal assistance during this process, reach out to a knowledgeable Middlesex County personal injury attorney today.
How Are Wrongful Death Claims Different From Personal Injury Claims?
Wrongful death claims and personal injury claims are similar in the sense that they are both legal actions that ensure that the liable party in an accident pays compensation for harm caused by their negligent, reckless, or purposeful actions. However, they differ in many ways.
Below are some of the ways that wrongful death claims are different from personal injury claims.
- The plaintiff: In a personal injury claim, the injured party is the plaintiff and they file the lawsuit in hopes of recovering compensation for their damages. However, in a wrongful death claim the victim is no longer alive and cannot act as the plaintiff. Instead, a family member or representative of the departed brings the lawsuit against the defendant on behalf of the victim.
- The purpose: The purpose of the legal action also differs between the two. A personal injury lawsuit aims to recover damages for physical injuries, emotional distress, pain, lost wages, medical expenses, and other related losses. It compensates the victims to ensure they have the means to recover from the accident. A wrongful death claim, on the other hand, is designed to seek compensation for the survivors of the deceased. It gives the surviving family justice and financial stability while they adjust to their new reality, pay for funeral expenses, and deal with the loss of a loved one and financial provider.
- Damages: These cases will also be different in terms of the damages the plaintiff is eligible to receive. In a personal injury case, the injured person can claim compensation for their various medical expenses, lost wages, pain and suffering, and emotional distress. Through a wrongful death claim, surviving family members can claim damages for funeral costs, the loss of financial support, loss of companionship, emotional suffering, and additional losses resulting from the death of their loved one.
While these two types of lawsuits share some similarities, understanding the key differences is crucial when taking legal action. An experienced lawyer can help you understand your legal rights to compensation and the various avenues you can take to recover damages. Contact a skilled attorney for more information today.
