How Does a Wrongful Death Claim Differ from a Personal Injury Claim?

If you or someone you know was injured or killed in an accident or a purposeful attack, you may be able to procure compensation for your associated financial and other losses. Personal injury and wrongful death claims are two common legal processes after an individual is injured or killed due to another person’s actions. It is important that you fully understand your legal rights and options following an injury or death. Speak with a Memphis personal injury lawyer today to discuss your situation.

What is a Personal Injury Claim?

A personal injury claim can arise when an individual is injured due to the negligent, reckless, or intentional actions of another person. This type of claim is common after car accidents, slip and falls, construction accidents, animal attacks, and medical malpractice. In a personal injury case, the victim can file a lawsuit against the responsible party to recover compensation for their various costs.

What is a Wrongful Death Claim?

A wrongful death claim is a similar type of legal action filed by the surviving family of an individual who passed away as a result of the negligent, reckless, or intentional actions of another person. The victim is no longer alive, but likely would have been eligible for compensation had they survived.

How Does a Wrongful Death Claim Differ from a Personal Injury Claim?

While wrongful death claims and personal injury claims are both designed to provide compensation after someone is harmed as a result of another person’s actions, there are several important differences. Consider the following.

1. The victim/plaintiff: In a personal injury claim, the victim is alive and can file the claim on their own behalf. They act as the plaintiff. In a wrongful death claim, however, the victim has died, so a family member or representative of their estate acts as the plaintiff and files on their behalf.
2. Nature of the claim: The two also differ in terms of the nature and purpose of the claim. Personal injury claims are designed to compensate the injured party for their losses, including medical bills, physical pain, suffering, lost wages during recovery, and more. Wrongful death claims, on the other hand, seek compensation for the surviving family, including funeral costs, loss of companionship, and loss of financial support.
3. Damages: The damages awarded in a personal injury claim aim to help the injured party recover both physically and financially from the accident, whereas in a wrongful death claim, the damages focus on the emotional and financial harm to the family and loved ones as a result of the victim’s death.

These are the main differences between a personal injury and a wrongful death claim. It is important that you understand what type of legal action applies to your situation to ensure you and your family are protected and receive the appropriate compensation after an accident.

For more information and legal representation, reach out to a skilled attorney at Ballin, Ballin & Fishman, PC today.