An unfortunate incident such as an accident that causes injury or even results in the death of a person. This can leave the victims involved very confused regarding what their legal rights are after such an incident. The defendant or defendants might be liable. Therefore requiring them to pay a certain amount of money for causing damage or harm caused in the accident. There are many questions in the client’s mind regarding what qualifies as a wrongful death lawsuit and a personal injury lawsuit.
The primary difference between the two is that any injury sustained by the person caused by negligence falls under a personal injury claim, and negligence that results in the death of a person is then claimed by the victim’s family as a wrongful death claim.
What Is The Similarity Between The Two Types Of Claims?
The causes make these claims similar. Because the reckless and negligent actions of another person cause harm to the affected party. Whatever the details of the incident, they both result due to negligence. Both types of claims fall under the tort law. Which states that in order to make a wrongful death or personal injury claim. It is mandatory for the plaintiff to prove that the defendant had a duty of care. And the defendant breached this duty of care, causing injury to the defendant. This would entitle the plaintiff to sue the defendant and expect compensation for the damage caused.
What Is The Difference Between The Two Types?
Both types are based on the negligence of the victim causing self-harm. Except in a wrongful death case, the victim has died. This means that in the case of personal injury, the injury affects the body of the victim. While in the case of a wrongful death lawsuit, the injury affects the estate of the victim who has died. This is one of the most complicated and difficult cases to handle.
- The victim must file personal injury claims within two years of the date the accident took place.
- The victim must file wrongful death claims within two years of the date the death took place.
This means that if a person suffers injury in a car accident and is hospitalized for a few weeks. Then dies afterward, the statute of limitations law may be extended until death.
In a personal injury lawsuit, the victim can file a claim against the party at fault. And charge them for compensation for medical bills, pain, trauma, lost past, future wages, and any other damage repairs.
In case of a wrongful death lawsuit, the victim’s family or friends will file a claim against the responsible party. And can seek compensation for medical bills, money for the funeral, loss of future earnings, financial and emotional support, and companionship.
What Makes A Wrongful Death Claim Applicable?
A wrongful death claim may be applicable in one of these situations. Which can result in the death of an individual:
This is a very common cause of wrongful death lawsuit cases. An individual’s death caused by drunk drivers, hit and runs, pedestrian incidents, and truck crashes.
Tripping, Slipping, and Falling
Tripping or slipping on someone else’s property can hold the property owner liable for negligence. As well as, force them to pay for damages,
Death caused by the use of a defective medical device, drug overdose, or drug interaction holds the drug manufacturing company responsible in a wrongful death lawsuit.
A dog attack that results in the death of a child or an old person. These entitle the victim’s family to make a wrongful death claim to recover damages.
While no amount of money can bring the dead person back to their loved ones, it might be able to offer some amount of closure. Plus. compensation for the family of the loved one and their family. This can help pay for the funeral, lost wages, and the deceased person’s estate.
Since both types of lawsuits are complicated. They have certain limitations that only an attorney can best understand. It is recommended to hire a good lawyer soon after the accident has taken place so they can maximize the compensation for damages caused.
For instance, in the case of a truck accident. The rental company, the manufacturing company, and the insurance company are all involved. Both situations can be very overwhelming for the victim or their families in case of a fatality. And they may not know immediately how to best handle the situation.
It is always best to make an informed decision in stressful situations, and for that, you must have some basic knowledge of the matter. Spirit One blogs aim to do just that. It is your one-stop shop to simplify all legal matters so everyone can read and understand legalities in case they ever need it. Having basic knowledge gives you a starting point so that you aren’t completely lost and misguided when a difficult situation arises.
If someone in your family has suffered severe injuries or have due to negligence and you want to know what their legal options might be, visit Spirit One’s webpage to learn more about what can be done in such situations. Spirit one offers free and accessible legal information to all its readers in simple language regarding immigration, personal injury, taxes, auto accidents, and family law.
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