There are similarities and differences between a personal injury claim and a wrongful death suit. The victim or the immediate family of the victim needs to identify the identity of the person allegedly responsible, collect a reasonable amount of proof, and present the necessary evidence if the case goes to trial.
There are also crucial differences between a personal injury claim and a wrongful death suit. You must consult a lawyer on what to do to avoid committing the common mistakes in personal injury claims. Here are a few similarities and differences between personal injury claims and wrongful death suits.
Similar Claims Of Harm Caused
The allegations and claims in a personal injury claim are functionally similar to the allegations and claims in a wrongful death suit. When the person claiming compensation or damages in a personal injury claim dies as a result of the injuries sustained from the person being sued, a wrongful death suit can substitute for the personal injury claim.
In a personal injury claim, the plaintiff can file a claim that they were injured, suffered illness, or endured economic or financial loss. The suit will claim that the cause was either the negligence or intent of the defendant to cause harm. In a wrongful death suit, the immediate family or executor of the decedent’s estate can also file a suit that the death was caused by the defendant’s negligence or intentional act.
If you suffered injuries or you think someone you know could’ve been the victim or casualty of wrongful death, you might want to consider checking Attorney Stephens or other similar sites in your area.
Proving Injury And Harm
The plaintiff’s proof should be enough to identify the defendant and establish that the acts or omissions of the defendant caused the injury. The plaintiff should also show that the harm done was due to the defendant’s negligence, omissions, or intentional actions. Similarly, the plaintiff in wrongful death suits has to establish that the death of the victim of casualty is attributable to the actions or omissions of the accused. In such cases, it is crucial to hire a wrongful death lawyer who specializes in handling complex legal matters surrounding wrongful death claims. With their expertise and knowledge of the legal system, a wrongful death lawyer can help gather evidence, establish liability, and seek the justice and compensation that the plaintiff deserves.
For example, an injury claim can be filed if the defendant was speeding and ended up hitting the plaintiff’s car as a result. The same could occur in a wrongful death suit but with the difference being caused by the person who died or sustained injuries due to such activity. Legal experts who specialize in personal injury case management can explain how to pursue such claims and determine which type of claim is best for the situation. This understanding can also help the plaintiff make a well-informed decision and seek the necessary compensation.
Differences In Plaintiff Who Brings Suit
One of the differences between a personal injury claim and a wrongful death suit is the plaintiff. In a personal injury claim, the injured person should be the person who brings the case against the person responsible for the injuries.
In the state of Texas, the immediate family should bring the wrongful death suit against the person responsible for the casualty. The decedent’s relatives and even those named in the will may not be permitted to bring a wrongful death suit if they aren’t immediate family members. Siblings aren’t considered part of immediate family and may not be allowed to bring a wrongful death suit against the person alleged to be responsible. But the decedent’s representative or estate administrator may be permitted to file the wrongful death suit.
It’s also crucial to note that the immediate family has three months to file a wrongful death suit. They may lose the right to sue if they don’t do it within that period. After that, only the decedent’s estate executor would have the authority to file a case and should do it within two years from the date of the incident.
Differences In Claims
Another distinction between personal injury claims and wrongful death suits are in the differences in the claim for damages. Here are some of the damages that can be included in a personal injury claim:
- Reimbursement of medical expenses
- Loss of income during the period of injury
- Compensation for pain and suffering
- Disfigurement of face, limbs, or body
- Other medical expenses in future treatment
- Lost ability to enjoy life
- Punitive damages for gross negligence or intentional harm
Here are some of the claims for damages that can be included in a wrongful death suit:
- Reimbursement for medical expenses in an attempt to treat the deceased
- Loss of income which deceased could’ve still earned if alive
- Costs incurred for the funeral and burial of the person who died
- Financial support provided by the deceased for their family
- Money to be allocated for the continuing education expenses for the children of the person who died
- Loss of companionship endured by the spouse
- Loss of parental guidance that the children will suffer
Conclusion
These are the significant similarities and differences between a personal injury claim and a wrongful death suit. Many people have no experience or idea of the steps they need to take when facing an unfortunate scenario. You’ll need a professional to make the legal journey a successful one. A skilled and expert attorney will be able to guide you in filing the right claim or represent you in court if the need arises.