Although personal injury and wrongful death claims are similar, there are some important distinctions. These claims are intended to relieve injured parties for harm caused by others and deter others from committing harmful acts in the future. Please continue reading as we explore the key differences and why connecting with our experienced Prince George’s County Personal Injury Lawyers is in your best interest.
How Are Personal Injury & Wrongful Death Lawsuits Similar?
First, we’ll look at the similarities. Personal injury and wrongful death claims are both based on the principle of negligence. This means they involve a situation in which someone else’s actions caused harm to another person. They typically arise from accidents like collisions, slips-an-falls, or medical malpractice.
In both personal injury and wrongful death claims, the plaintiff carries the burden of proof. This means that you’ll need to prove that the defendant’s negligent or intentional act caused the injury or death. To prove negligence, plaintiffs are tasked with showing the defendant owed a duty of care, that the duty of care was breached, and that the breach directly caused an injury (which led to the death for a wrongful death case) and damages.
How Do These Lawsuits Differ?
While both wrongful death and personal injury claims stem from a breach of duty that results in harm, the specific nature, damages sought, and the parties involved differ significantly. Understanding these distinctions is vital for anyone seeking legal recourse in the aftermath of a devastating incident.
In a personal injury case, a plaintiff can be awarded compensation for harm suffered, including medical bills, lost wages, pain and suffering, as well as other related expenses. In extreme cases, punitive damages may also be awarded. These damages are not intended to make a plaintiff “whole” again, but rather to punish the party and discourage similar acts.
In a wrongful death claim, on the other hand, survivors cannot recover compensation for their own pain and suffering. Instead, they can recover compensation for the pain and suffering the deceased experienced before their death. Besides pain and suffering, survivors can also claim compensation for economic losses such as lost income, burial expenses, and loss of support from the deceased. It’s important to note that only certain family members such as a spouse, parent, or child can file a wrongful death claim. If no one qualifies, a wrongful death claim can be brought by a blood relative or someone through marriage who was significantly dependent on the deceased.
Regardless of whether you’ve been injured or a loved one has tragically lost their life due to someone else’s negligence, it’s in your best interest to contact a skilled attorney from Timian & Fawcett, LLC who can guide you through every phase of the claims process. Connect with our firm today to learn how we can help you fight for the justice you deserve.
