Both wrongful death claims and personal injury claims are legal actions that can be taken to compensate victims for injuries or harm caused by another party. If an accident, injury, or any type of distress was caused by another person’s negligence, recklessness, or wrongful conduct, either of these may apply to the situation. While there are some similarities between the two, there are many important differences. For more information and to obtain skilled representation during your case, reach out to a Bergen County injury lawyer today.
How Are Wrongful Death Claims Different from Personal Injury Claims?
Wrongful death claims and personal injury claims differ in a variety of ways. One of the most significant differences is the circumstances of the situation and the nature of the claim. A personal injury claim is filed when an individual suffered physical, emotional, or psychological harm as a result of the other party’s actions. The legal action being taken is to compensate the victim for that damage.
On the other hand, a wrongful death claim is filed when an individual dies as a result of the other party’s actions. The surviving family members file this lawsuit for the damages associated with the individual’s death.
The person entitled to file a claim will also differ. In a personal injury case, the injured party is the only one permitted to file the claim and they do so on behalf of themselves. However, in a wrongful death case, the victim is deceased and cannot file the legal action. Instead, certain relatives of the victim can file, like a spouse, child, or parent. In New Jersey, generally, only the executor of the will or a representative of the deceased’s estate can begin the legal process of filing a wrongful death claim.
The types of damages available in each type of case are different as well. Personal injury lawsuits typically seek compensation for economic and noneconomic damages suffered by the victim. This can include medical expenses, lost wages, pain and suffering, loss of consortium, and more.
In a wrongful death case, the damages available are designed to compensate the surviving family for the losses suffered by losing their loved one. The damages that can be recovered generally include funeral and burial expenses, loss of financial support, loss of companionship, loss of emotional support and guidance, etc.
The burden of proof varies between cases. In a personal injury case, the plaintiff must establish that the defendant’s actions directly caused the accident and their injuries. In wrongful death cases, the plaintiff must prove that the defendant’s behavior directly led to the deceased’s death. Although they are similar the evidence required is different.
There are many key differences between a wrongful death and a personal injury case. Consult with a skilled attorney for more information and legal advice.
