Wednesday, 16 Jan 2019

What Is the Difference Between Personal Injury claim and Wrongful Death?

If you or a loved one has been wounded due to someone’s else negligence, you may bring about a wrongful death or personal injury case. Anyway, you may not know which is right and what is the difference between them are as they are pretty similar.

Both kinds of claims are grounded in the theory of negligence. Negligence happens when someone accidentally does something bad carelessness that outcome in injury to another person. If found guilty, that person can be liable for damages to the wounded party such as medical expenses.

While similar in that both claims are due to injury caused via negligence, they change in who can bring the action and the potential areas of compensation.

Personal injury

Personal injury claims are based around a hurt to an individual. The wounded person typically get medical treatment for some period of time for their ailments. Compensation is generally received for medical bills, lost wages, suffering and pain. The person bringing action in the case is generally the wounded party. On occasion, the partner may also bring a claim for loss of service of the wounded party not being capable to provide certain functions or duties that they ordinarily provided prior to the incident.

Wrongful death

So what occurs when the injured party is deceased? This condition provides rise to wrongful death laws. In a wrongful death claim, the 3 main factors for compensation contain medical treatment, lost wages, and funeral expenses. The lost wages are calculated based on lost future earnings. Medical expenses are calculated from the treatments offered prior to the time of death.

Largest difference

The biggest difference between them are the parties who have standing to bring forth the action and the factors for awarding damages. In personal injury cases, it is the wounded party representing their self, while in wrongful death claims the action is brought forward by a representative of the decreased. Damages from wrongful death are recovered for the benefit of the survivors of the estate and the deceased. Damages should offer for those survivors who were dependent upon the deceased for support.

Overlap

It is not typical for a person start with a personal injury claim, then have a wrongful death claim due to the real injuries. Once the injuries outcome in death, the personal injury claim is abated. The personal agent of the deceased must take the place of the defendant. Defenses that could decrease the recovery amount of the survivor as plaintiff can be used, but these defenses cannot affect the recovery of other survivors.

Conclusion

Though often related, personal injury and wrongful death claims have vital differences. To make sure the survivors get the right compensation, you should seek the support of a qualified
Rockford Personal Injury Lawyer to help you handle the problems of the legal system. Suffice it to say that when people trust they have a strong wrongful death claim, the initial step is consulting with a professional personal injury lawyer who can describe complex wrongful death laws in language that is simple and clear.