Wrongful death claims and personal injury claim are two terms, which are well known to the public regarding the accidents that take place in different parts of the country. However, there can be a doubt lingering in the minds of some people, if both of them are the same or different from each other. The fact is that they are similar in several ways and at the same time, there are several differences between the two.
For instance, in case of a drunken driver hitting his car on another car and killing himself, a lawsuit can arise. At the same time, if the other car occupant is injured in the accident, there is a scope for another lawsuit there.
If in any case, you have suffered injuries in an accident, it will be good that you consult and seek the help of an experienced accident attorney, so that you can be sure of justice being served to you.
Similarities of Wrongful Death and Personal Injury Lawsuits
The concept of negligence is the basis in both wrongful death and personal injury lawsuits. The plaintiff will be required to prove certain things in both of the lawsuits. Three main things need to be proved:
- That the defendant was responsible to ensure the safety of others.
- That the defendant failed in executing his responsibility
- That the failure in performing his duty led to the harm (death or injury)
The plaintiff will also have to prove that he/she had suffered damages and hence is worthy to receive compensation.
Such lawsuits can arise from different types of accidents like motor vehicle accidents, workplace accidents, injuries that happen due to defective products, damages due to medical malpractice, etc.
The personal injury lawsuits and wrongful death lawsuits differ in the matter of who is eligible to raise a lawsuit for the damages suffered.
In normal cases, a person who is injured or hurt in an accident can make a personal injury lawsuit. However, if the person is a minor or is incapacitated in a way that he cannot do it, his family members will be able to make the claim. There are economic and non-economic damages associated with a personal injury lawsuit.
One of the closest family members of the person who suffered the wrongful death can file a wrongful death lawsuit. In such cases, the recoverable damages differ depending on the state where the lawsuit is brought. However, the compensation usually covers the funeral costs, the income of the deceased, inheritance, etc.
Whether you have suffered injuries in an accident or have lost a loved one, it will be in your best interest to meet an experienced attorney who can help you and guide you in the lawsuit.